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ROMAN ANTiaUITIES: 

OR, 

AN ACCOUNT 

\ 

OF THE 

MANNERS AND CUSTOMS 

OF THE 

ROMANS; 

RESPECTING THEIR 

GOVERKMENT, MAGISTRACY, LAWS, JUDICIAL PROCEEDINGS, RELIGION, GAMES, MILITA- 
RY AND NAVAL AFFAIRS, DRESS, EXERCISE, BATHS, MARRIAGES, DIVORCES, FDNERALS, 
WEIGHTS AND MEASURES, COINS, METHOD OF WRITING, HOUSES, GARDENS, AGRICUL- 
TURE, CARRIAGES, PUBLIC BUILDINGS, &C. &C. 

DESIGNED CHIEFLY ^ 

TO ILLUSTRATE THE 

LATIN CLASSICS, 

BY EXPLAINING WORDS AND PHRASES, FROM THE RITES AND 
CUSTOMS TO WHICH THEY REFER. 



BY ALEXANDER ADAM, L.L. D. 

Rector of the High School of Edinburgh. 



REVISED, CORRECTED, AND ILLUSTRATED WITH NOTES AND ADDITIONS, 

SY P. WILSON, Z..Z.. D. 

PROFESSOR OF LANGUAGES IN COLUMBIA COLLEGE, 

PUBLISHED BY COLLINS & HANNAY, 230 PEARL STREET. 
W. E. DEAN, PRINTER. 



1830. 






Southern District of New-York^ ss. 

Bk it nsMtMBBREJD, that on the t\venty-s«venth day of August, in the forty-fourth year of 
the Independence of the United States of America, WiUiam A. Mercein, of (he said District, 
hath deposited in this office the title of a Book, the right whereof he claims as Proprietor, in the 
words loUowing, to wit : 

"Roman Antiqdities : or. An Account of the Manners and Customs of the Romans, res- 
pecting their Government, Magistracy, Laws, Judicial Proceedings, Religion, Games, Milita- 
ry and Naval Affairs, Dress, Exercise, Baths, Marriages, Divorces, Funerals, Weights and 
Measures, Coins, Method of Writing, Houses, Gardens, Agriculture, Carriages, Public Build- 
ings, &,c. &c. Designed chiefly to illustrate the Latin Classics, by explaining Words and 
Fhrases, from the Rites and Customs to which they refer. By Alexander Adam, L.L. D. Rec- 
tor of the High School of Edinburgh. Revised, Corrected, and Illustrated with Notes and 
Additions, by P. Wilson, L.L. D. Professor of Languages in Columbia College." 

In conformity to the Act of the Congress of the United States, entitled " An Act for the en- 
couragement of learning, by securing the copies of maps, charts, and books, to the authors and 
proprietors of such copies, during the time therein mentioned;" and also to an act, entitled 

An act, supplementary to an act, entitled, an Act for the encouragement of learning, by se- 
curing the copies of maps, charts, and books, to the authors and proprietors of such copies, dur- 
mg the times therein mentioned, and extending the benefits thereof to the arts of designing, 
engraving, and etching historical and other prints." 

GILBERT LIVINGSTON THOMPSON, 

Clerk of the Southern District qf JVewrYork. 



PREFACE 

TO 

THE FIRST EDITION. 



Nothing has more engaged the attention of literary men since 
the revival of learning, than to trace from ancient monuments the 
institutions and laws, the religion, the manners, and customs of the 
Romans, under the general name of Roman Antiquities. Thia 
branch of knov^rledge is not only curious in itself, but absolutely 
necessary for understanding the Classics, and for reading with ad- 
vantage the history of that celebrated people. It is particularly re- 
quisite for such as prosecute the study of the civil law. 

Scarcely on any subject have more books been written, and 
many of them by persons of distinguished abilities. But they are, 
for the most part, too voluminous to be generally useful. Hence a 
number of abridgments have been published ; of which those of 
Kennet and Nieuport are esteemed the best. The latter is, on the 
whole, better adapted than the former, to illustrate the Classics ; 
but being written in Latin, and abounding with difficult phrases, is 
not fitted for the use of younger students. Besides, it contains no- 
thing concerning the laws of the Romans, or the buildings of the 
city, which are justly reckoned among the most valuable parts in 
Kennet, 

On these, accounts, near twenty years ago, the Compiler of the 
following pages thought of framing from both, chiefly from Nieu- 
port, a Compendium for his own use, with an intention to print it, 
if he should meet with no book on the subject to his mind. But he 
soon perceived, that on several important points, he could not de- 
rive from either the satisfaction he wished. He therefore had re- 
course to other sources of information ; and chiefly to the Clas- 
sics themselves. To enumerate the various authors he has con- 
sulted, would be tedious and useless. It is sufficient to say, that 
he has borrowed with freedom, from all hands, whatever he judged 
fit for his purpose. He has been chiefly indebted to Manutius, 
Brissonius, and Middleton, on the senate ; to Pignorius, on slaves ; 
to Sigonius and Grucchius, ManuliuSy Huber, Gravina, Menda, and 
HHnecciuSf on the assemblies of the people, the rights of citizens. 



IV PREFACE. 

the laws and judicial proceedings ; to Lipsins, on the magistrates, 
the art of war, shows of the circus and gladiators ; to Sheffer, on 
naval affairs and carriages ; to Ferrarius, on the Roman dress ; to 
Kirchm nnus, on funerals ; to Arbuthnot, on coins ; to Dickson, o i 
agriculture ; to Donatus, on the city ; to Turnehus, Mrahamus, Ro- 
sinus, SalmasiuSf Hottomomannm, Grcsvius, and Gronovius, Montfau- 
con, Pitiscus, Ernesti, and particularly to Gesner, in different parts 
of the work. 

After making considerable progress in this undertaking, the com- 
piler found the execution so difficult, that he would have willingly 
dropt it, could he have found any thing on the subject to answer his 
views. Accordingly, when Mr. Lempriere did him the favour to 
communicate his design of publishing that useful work, the Classi- 
cal Dictionary, he used the freedom to suggest to him the propriety 
of intermingling with his plan a description of Roman antiquities. 
But being informed by that gentleman, that this was impracticable, 
and meeting with no book which joined the explanation of words 
and things together, he resolved to execute his original intention. It 
is now above three years since he began printing. This delay has 
been occasioned partly by the difficulty of the work, and making 
various alterations and additions ; partly also by a solicitude to re- 
ceive the remarks of some gentlemen of learning and taste, on 
whose judgment he could rely, who have been so obliging as to read 
over, with critical attention, the sheets as they were printed. 

After finishing what relates to the laws and judicial proceedings, 
the Compiler proposed publishing that part by itself, with a kind of 
syllabus of the other parts subjoined ; that he might have leisure to 
reprint, with improvements, a Summary of Geography and History, 
which he composed a few years ago, for the use of his scholars. 
But, after giving an account of the deities and religious rites in his 
cursory manner, and without quoting authorities, he was induced, 
by the advice of friends, to relinquish that design, and to postpone 
other objecfs, till he should bring the present performance to a con- 
clusion. Although he has all along studied brevity, as much as a 
regard to perspicuity would admit, the book has swelled to a much 
greater size than at first he imagined. 

The labour he has undergone, can be conceived by those only 
who have been conversant in such studies. But he will think his 
pains well bestowed, if his work answer the end intended, to faci- 
litate the acquisition of classical learning. He has done every thing 
in his power to render it useful. He has endeavoured to give a 
just view of the constitution of the Roman government, and to 
point out the principal causes of the various changes which it under- 
went. This part, it is hoped, will be found calculated to impress on 
the niinds of youth just sentiments of government in general, by 
showing on the one hand the pernicious effects of aristocratic domi- 
nation ; and on the other, the still more hurtful consequences of de- 
mocratical licentiousness, and oligarchic tyranny. 



PREFACE. V 

But it is needless to point out what has been attempted in par- 
ticular parts ; as it has been the Compiler's great aim throughout 
the whole to convey as much useful information as possible with- 
in the limits he has prescribed to himself. Although very few 
things are advanced without classical authority, yet in so exten- 
sive a field, and amidst such diversity of opinions, he no doubt may 
have fallen into mistakes. These he shall esteem it the highest fa- 
vour to have pointed out to him ; and he earnestly entreats the as- 
sistance of the encouragers of learning, to enable him to render his 
work more useful. He has submitted his plan to the best judges, 
and it has uniformly met with their approbation. 

It may perhaps be thought, that in some places he has quoted 
too many authorities. But he is confident no one will think so, 
who takes the trouble to examine them. This he esteems the 
most valuable part of the book. It has at least been the most la- 
borious. A work of this kind, he imagines, if properly executed, 
might be made to serve as a key to all the classics, and in some de- 
gree supersede the use of large annotations and commentaries on 
the different authors ; which, when the same customs are alluded 
to, will generally be found to contain little else but a repetition of 
the same things. 

As the work is not divided into books and chapters, the table of 
Contents, it is hoped, will supply that deficiency. 

The Compiler has now in a great measure completed, what 
above twenty years ago he conceived to be wanting in the com- 
mon plan of education in this country. His first attempt was to 
connect the study of Latin grammar with that of the English ; 
which was approved of by some of the first literary characters then 
in the kingdom. It is sufficient to mention Mr. Harris and Dr. 
Lowth. He has since contrived, by a new but natural arrange- 
ment, to include in the same book a vocabulary, not only of the 
simple and primitive words in the Latin tongue, but also of the most 
common derivatives and compounds, with an explanation of phrases 
and tropes. His next attempt was to join the knowledge of ancient 
and modern geography, and the principles of history, with the study 
of the classics. And now he has endeavoured to explain difficult 
words and phrases in the Roman authors, from the customs to 
which they refer. How far he has succeeded in the execution, he 
must leave others to judge. He can only say, that what he has 
written has proceeded from the purest desire to promote the im- 
provement of youth ; and that he should never have thought of 
troubling the world with his publications, if he could have found, 
on any of the subjects he has treated, a book adapted to his purpose. 
He has attained his end, if he has put it in the power of the teach- 
er to convey instruction with more ease, and in a shorter time ; and 
of the learner, to procure, with greater facility, instruction for him- 
self. He has laboured long in the education of youth, and wished 



Vi PREFACE. 

to shf w himself not unworthy of the confidence reposed in him by 
the public. His chief enjoyment in life has arisen from the acquisi- 
tion and communication of useful knowledge ; and he can truly say 
with 8eneca, Si cum hac exceptione detur sapientia, ut illam inclusam 
teneam, nee enunciem, rejiciam, Ep. 6. 

Edinburgh, } 
April, 1791. 5 



ADVERTISEMENT 

TO THE 

SECOND EDITION. 



THE Compiler has felt much satisfaction from the favourable recep- 
tion his performance has met with. He has, in particular, been highly 
gratified by the approbation of several of the masters of the great schools 
in England, and of the professors in the universities of both kingdoms. 
The obliging communications he has received from them, and from other 
gentlemen of the first character for classical learning, he will ever re- 
member with gratitude. Stimulated by such encouragement, he has 
exerted his utmost industry to improve this edition. The numerous facts 
and authorities he has added will show the pains he has bestowed. 

The Index of Latin words and phrases is considerably enlarged ; and 
an Index of proper names and things is subjoined ; for suggesting the 
utility of which, he is indebted to the authors of the Analytical Review. 

There are several branches of his subject which still remain to be 
discussed ; and in those he has treated of, he has been obliged to sup- 
press many particulars, for fear of swelling his book to too great a size. 
It has therefore been suggested to him, that to render this work more 
generally useful, it ought to be printed in two different forms ; in a 
smaller size, for the use of schools, and in a larger form, with additional 
observations and plates, for the use of more advanced students. This, 
if he finds it agreeable to the public, he shall endeavour to execute to 
the best of his ability ; but it must be a work of time : and he is now 
obliged to direct his attention to other objects, which he considers of no 
less importance. 

As several of the Classics, both Greek and Latin, are differently di- 
vided by different editors, it will be proper to mention what editions of 
these have been followed in the quotations ; CcBsar by Clarke, or in usum 
Delphini ; Pliny, by Brotier ; Quinciilian and the writers on husbandry, 
by Gesner ; Petronius Arbiter, by Burmannus ; Dionysius of Halicar' 
nassus, by Reiske ; Plutarch's Morals, by Xylander ; and Dio Cassius, 
by Reimarus, It is needless to mention the editions of such authors as 
are always divided in the same manner. Those not divided into chap- 
ters, as Appian, Strabo, Plutarch's Lives, &;c. are quoted by books and 
pages. 

Edinburgh, ? 

May 31st, 1792, 5 



CONTENTS. 



I. 



II 



FOUNDATION of Rome, 

Division of its Inhabitants, 
SENATE and Patricians, 
Badges of Senators, 
Consultation of the Senate, 
Decrees of the Senate, 
Power of the Senate, 
EQUITES, 

III. PLEBEIANS, - 
Patrons and Clients, 
Nobiles et Ignobiles, 
Gentes et Familim, 
Names of the Romans, 
Ingenui et Jjihertini, 

IV. SLAVES, - - 
RIGHTS of Roman Citizens, 
L PRIVATE RIGHTS, 

1. Right of liberty, 

2. of family, 

3. of marriage, - 

4. r of a father. 

Emancipation and adopt 

5. Right of property, 

of testament, 

of wardship, 

PUBLIC RIGHTS, 



n. 



Jus Lath, 

— Italicum, 

State of the provinces, 

municipal town, colonies, &c. 

foreigners, 



COMITIA, or assemblies of th 

1. ComUia Curiata, 

2. Centuriata, 

3. Tributa, 

MAGISTRATES, - 

Kings, 



ion, 



people, 



Page 
13 
ib. 
14 
18 
21 
25 
28 
33 
35 
36 
37 
38 
ib. 
38 
40 
47 
48 
49 
50 
ib. 
ib. 
51 
52 
68 
62 
63 
67 
68 
69 
70 
73 
74 
75 
76 
89 
94 
98 



X 






CONTENTS. 


I. 


ORDINARY MAGISTRATES, 


. 




1. 


Consuls, • 


* « 






2. 


Preetors, 


• • 


• 




3. 


Censors, . 


• • 






4. 


Tribunes, 


, 


. 




5. 


iEdiles, - 


m m 






6. 


Quaestors, 


- 


. 



Other ordinary magistrates, 
New ordinary magistrates under the Emperors, 
IL EXTRAORDINARY MAGISTRATES, 

1. Dictator, and master of the horse, 

2. Decemviri, ... 

3. Military Tribunes, 

4. Interrexy - . . - 
Other extraordinary magistrates, 

IH, PROVINCIAL MAGISTRATES, . 

1. Under the Republic, 

2. Under the Emperors, 

Re-establishment of Monarchy under the Emperors, 
Public servants of the Magistrates, 

LAWS OF THE ROMANS, 

Just et Lex, - - - - • 

Laws of the Twelve Tables, 

Origin of lawyers, . . - - 

CoHSuhation of lawyers, 

Lawyers under- the Emperors, 

Laws made at different times, 

Laws of the Emperors, 

Corpus Juris, - . - - 

JUDICIAL PROCEEDINGS. 
L CIVIL TRIALS, ... - 

1. Summoning to court, - . - 

2. Requesting a writ, 

3. Different actions, . . • 

4. Appointment of Judicesy - 

5. Form of trial, . » 

6. Judgment, . , . , 

7. Consequences of a sentence, 
B; CRIMINAL TRIALS, - - 

— Before the people, 

■• Before the inquisitors, 
Before the Praetors, 

1. Choice of a Jury, 

2. The accuser, - 

3. The accusation, 

4. Trial and sentence, . 

5. Punishments, . . . - 

6. Religion of the Heathen, origin of Polytheism, 

RELIGION OF THE ROMANS. 
Bbities, ---... 
1. Dii majorum gentium^ . . . . 



o(mTmiTs. 



2, Dii Selectiij 

3, Dii minerum gentium^ 

II. Ministers of Religion^ 

III. Plaoes of Worship, and Religious Rites^ 
The Roman Year, - 
Division of Days, 
Roman Festivals, - 

ROMAN GAMES. 

1 . Games and shows of the Circus 

2. Gladiators, . . . *. 

3. Stage Plays, - . - . * 

MILITARY AFFAIRS. 

1. Levying of Soldiers, 

2. Division of Troops ; their arms, offices, and dress 

3. Discipline of the Romans; their marches andj©tt^?aii^ 

ments, .... 

4. Order of Battle, and different Standards, 

5. Military rewards, - • . 
0. A triumph, ... 

7. Military punishments, 

8. Military pay and discharge, 

9. Attack and Defence of towns, 
NAVAL AFFAIRS of the Romans, 

CUSTOMS OF THE ROMANS 

I. Dress, 

II. Entertainments, 

Posture at Meals, 

Couches, 

Tables, . 

Exercises, 

Baths, 

Favourite dishes, 

Wines, - 

Cups, 

Private games, - 

III. Marria,ge, - 
Divorce, 

IV. Funerals, 
WEIGHTS and COINS, 

Computation of money, 

'*~~~~~~-*~*"'^"'"~** interest 
MEASURES of LENGTH,' 

Capacity, 

Method of WRITING, . 

Libraries, 
HOUSES of the ROMANS, 

Spinning and weaving. 

Chimneys and windows. 
Villas and Gardens, 
AGRICULTURE, 

Propagation of trees, 



Page 



JUl 



CARRIAGES, - 
DIVISIONS of the CITY, 
PUBLIC BUILDINGS, - 
' 1. Temples, 

2. Places of amusement 
• 3, CuricB, - , 

4. Foraj 

5. Porticos, 

6. Columns, - 

7. Triumphal arches, 

8. Trophies, 

.: 9. Aquaeducts, - 

10. CloaccB, 

11. Public ways, - 

12. Bridges, - 
Limits of the Empire. 



y^xjiSLtaaiiSa 






Page 


m ^ , 


- 


m 


456 


- - 


- 


. 


465 


- 


- 


- 


467 


• 






ib. 


and exercise, 


- 


- 


470 


- 




. . 


471 


" 


- 


- 


ib. 


- 






472 


- 


- 


- 


ib. 


- 






474 


- 


- 


- 


ib. 


- -. 






475 


-, 


- 


- 


476 


- 






477 


- 


- 


. 


478 


- 






480 



SUMMARY 



OP 



KOMAN ANTiaUITIES 



The Foundation of the City, and Division of its Inhabitants. 

Rome was founded by Romulus* and a colony from Alha Longa^ 
753 years, as it is commonly thought, before the birth of Christ. They 
began to build on the 21st day of April, which was called Palilia, 
from Pales, the goddess of shepherds, to whom it was consecrated, 
and was ever after held as a festival ; {dies natalis urbis RomcB,) 
Veil. Paterc. i. 8. Ovid. Fast. iv. 806. 

Romulus divided the people of Rome into three TRIBES ; and 
each tribe into ten CURIiE. The number of tribes was afterwards 
increased by degrees to thirtj^-five. They were divided into country 
and city tr'ihQs ^ {rusticcB et urhaniE.) The number of curice always 
remained the same. Each cuna anciently had a chapel or temple 
for the performance of sacred rites, Varr. de Lat. ling. iv. 32. Tacit, 
Ann. xii. 24. Dionys. ii. 23. He who presided over one curia was call- 
ed Curio, {quia sacra curabat, Festus ;) he whu presided over them 
all, Curio Maximus. 

From each tribe Romulus chose 1000 foot-soldiers, and 100 horse. 
These 3000 foot, and 300 horse were called LEGIO, a legion,! be- 
cause the most warlike were chosen, Plutarch, in Romulo : Hence 
one of the thousand which each tribe furnished was called Miles, 
Varro. de Lat. ling. iv. 16. {unus ex mille,) Isidor. ix. 3. The com- 
mander of a tribe was called Tribunus, {(^vka^x^g vel T^iTvap(^cg.) 
Dionys. ii. 7. Veget. ii. 7. 

The whole territory of Rome, then very small, was also divided 
into three parts, but not equal. One part was allotted for the ser- 

* The first king of Rome. The first kind of government, among men, was Royal- 
ty, as Sallust and others observe : This was a consequence of the Patriarchal form, 
which originated from nature, and commenced with the Creation. 

t From Lego, I choose. 



14 ROMAN ANTIQUITIES. 

vice of religion, and for building temples ; another for the king's re- 
venue, and the uses of the state ; the third and most considerable 
part was divided into thirty portions, to answer to the thirty curiae, 
Dionys. ii. 7. 

The people were divided into two ranks, (ordines,) PATRICIANS 
and PLEBEIANS ; connected together as PATRONS and CLI- 
ENTS, Dionys. ii. 9. In after times a third order was added, name- 
ly, the EQUiTES. 

The SENATE. 

1. The Institution and Number of the Senate. 

The Senate was instituted by Romulus, to be the perpetual coun- 
cil of the Republic, ( Concilium reipublicie sempiternum^ Cic. pro Sex- 
tio, 65.) It consisted at first only of 100. They were chosen from 
among the Patricians ; according to Dionysius of Halicarnassus, ii. 
12. three were nominated by each tribe, and three by each curia. 
To these ninety-nine Romulus himself added one, to preside in 
the senate and have the care of the city in his absence. The sena- 
tors were called PATRES, either upon account of their age, or their 
paternal care of the state ; certainly out of respect ; Liv. i. 8. and 
their offspring, PATRICK ; Qui patrem ciere possent, i. e. ingenui, 
Liv. X. 8. Dionys. ii. 8. Festus.) After the Sabines were assumed 
into the city, another hundred were chosen from them by the suf- 
frages of the curice, Dionys. ii. 47. But, according to Livy, there 
were only 100 senators at the death of Romulus, and their number 
was increased by Tullus Hostilius after the destruction of Alba, i. 17. 
& 30. Tarquinius Priscus, the fifth king of Rome, added 100 more, 
who were called PATRES MINORUM GENTIUM. Those cre- 
ated by Romulus, were called PATRES MAJORUM GE?>[TIUM, 
Tacit. Annal. xi. 25. and their posterity, Patricii Majorum Gentium. 
This number of 300 continued, with small variation, to the times of 
Sylla, who increased it ; but how many he added is uncertain. It 
appears there wxrc at least above 400, Cic. ad Attic, i. 14. 

In the time of Julius Caesar, the number of senators was increas- 
ed to 900, Dio, xliii. 47. and after his death to 1000 : but, many 
worthless persons having been admitted into the senate during the 
civil wars. Id. lii. 42. one of whom is called by Cicero self-chosen, 
(lectus ipse a se,) Phil. xiii. 13 ; Augustus reduced the number to 
600, Suet. lag. 35. Dio. liv. 14. 

Such as were chosen into the senate by Brutus, after the expul- 
sion of Tarquin the proud, to supply the place of those whom that 
king had slain, were called CONSCRIPTI, ^. e. persons written or 
enrolled together with the old senators, who alone were properly 
styled Patres. Hence the custom of summoning to the senate those 
who were Patres, and who were Conscripti, {ita appellabant in no- 
vum senatum lectos, Liv. ii. I.) Hence also the name Patres Con- 
scripti (sc. et) was afterwards usually applied to all the senators. 



THE SENATE. 15 

2. The choosing of Senators. 

Persons were chosen into the senate, {Senatus hgehatw\ Liv. xl, 
51. vel in senatum legebantur, Cic. Cluent. 47.) first by the kings, 
Liv. i. 8. XXX. 35. and after their expulsion, by the consuls, Liv, ii. 
1. and by the military tribunes. Festus in Prceteriti Senator es ; but 
from the year of the city 310, by the censors : at first only from the 
Patricians, but afterwards also from the Plebeians, Liv. ii. 32. v. 12, 
chiefly however from the Eguites ; whence that order was called Se- 
minarium Senatus, Liv. xlii. 61. 

Some think that the Senate was supplied from the annual magis- 
trates, chosen by the people, all of whom had of course admittance 
into the senate ; but that their senatorial character was not esteem- 
ed complete till they were enrolled by the censors at the next Lus- 
trum ; at which time also the most eminent private citizens were add- 
ed to complete the number. See Middlcton on the Roman Senate. 

After the overthrow at the battle of Cannae, a Dictator was cre- 
ated for choosing senators, Liv. xxiii. 22. After the subversion of 
liberty, the Emperors conferred the dignity of senator on whom they 
thought fit. Augustus created three men to choose the senate, and 
other three to review the Equites, in place of the censors, Suet. Aug. 
37. Dio. Iv. 13. 

He whose name was first entered in the censor's books, was called 
PRINCEPS SENATUS, which title used to be given to the person 
who of those alive had been censor first, (^wi /??n'mw5 censor, ex Us qui 
viverent fuisset, Liv. xxvii. 11. ;) but after the year 544, to him whom 
the censors thought most worthy, Liv. xxvii. 13. This dignity, although 
it conferred no command or emolument, was esteemed the very high- 
est, and was usually retained for life, Liv. xxxiv. 44. xxxix. 52. It 
is called Principatus ; hence afterwards the Emperor was named 
Princeps, which word properly denotes only rank, and not power. 

In choosing Senators, regard was had not only to their rank, but 
also to their age and fortune. 

The age at which one might be chosen a senator (^tas Senato- 
ria) is not sufficiently ascertained ; although it appears that there 
was a certain age requisite, Cic. de lege Manil. 21. Tacit. Ann. xv. 
28. Anciently senators seem to have been men advanced in years, 
as their name imports, Sallust. Cat. 6. Cic. de Sen. 6. Ovid. Fast. v. 
63. Flor. i. 15. But in after times the case was otherwise. It 
seems probable, however, that the age required for a senator was 
not below thirty. This may be presumed from certain laws given 
to foreign nations, at different times, in imitation of the Romans, 
Cic. in Verr. ii. 49. Plin. ad Traj. Ep. x. 83. for there is no positive 
assertion on this subject in the classics. 

The first civil office which gave admission into the senate was 
the Quaestorship, which some have imagined might be enjoyed at 
twenty-five, and consequently that one might then be chosen a sena- 
tor ; from Die Cqssius, lii. 20. Others think at twentv-seven, on 



16 ROMAN ANTIQUITIES. 

the authority of PolyUusy vi. 17. who says that the Romans were 
obhged to serve ten years in the army before they could pretend 
to any civil magistracy ; and as the mihtary age v\^as seventeen, of 
consequence that one might be made qusestor at twenty-seven. But 
few obtained that office so early ; and Cicero, who often boasts that 
he had acquired all the honours of the city, without a repulse in any, 
and each in his proper year, {suo anno) or as soon as he could pre- 
tend to it by law, had passed his thirtieth year beforeTie obtained 
the quaestorship, which he administered the year following ip Sicily. 
So that the usual age of enjoying the qua3Storship, {mtas qiicssloria,) 
and of course of being chosen a senator, in the time of Cicero, 
seems to have been thirty-one. 

But although a person had enjoyed the quaestorship, he did not 
on that account become a senator, unless he was chosen into that 
order by the censors, Gell. iii. 18. But he had ever after the right 
of coming into the senate, and of giving his opinion on any ques- 
tion, Cic. in Verr. v. 14. Ep, ad Fam. ii. 7. About this, however, 
writers are not agreed. It is at least certain, that there were some 
offices which gave persons a legal title to be chosen into the senate, 
(iinde in senatuni legi debereyit,) Liv, xxii. 49. Hence perhaps -the 
senators are sometimes said to have been chosen by the people, 
{lecti jussu populi,) Liv. iv. 4. Cic. pro Sext. 65. And Cicero often 
in his orations declares, that he owed his seat in the senate, as well 
as his other honours, to the favour of the people, post red. in, Senat, 
L He asserts the same thing in general terms, in Verr. iv. W. pro 
Cluent. 56. 

Persons also procured admission into the senate by military ser- 
vice, Senat or ium per militiam auspicabantur gradum. Senec. Ep. 47. 
So Liv. xxiii. 23. 

When Sylla, after the destruction occasioned by his civil wars 
and proscriptions, thought proper to admit into the senate about 
300 Equites, he allowed the people to give their vote concerning 
each of them in an assembly by tribes, Appian. de hell. Civ, vi. 413. 
But Dionysius says, that Sylla supplied the senate wiih any persons 
that occurred to him, v. 77. and probably admitted some of the low- 
est rank, Dio. xl. 63. 

The Flamen of Jupiter had a seat in the senate, in right of his of- 
fice, Liv. xxvii. 8. a privilege which none of the other priests en- 
joyed, Cic. Att. iv. 2. 

Augustus granted to the sons of senators, after they assumed the 
manly gown^ the right of wearing the latus clavus, and of being pre- 
sent at the debates of the senate, that thus they might become the 
sooner acquainted with public affairs, {quo celerius reipublicce assues- 
Cerent^) Suet. Aug. 38. They also had the privilege of wearing the 
crescent on their shoes, Stat. Sylv. v. 2. 28. 

No one could be chosen into the senate who had exercised a low 
trade, or whose father had been a slave, {lib ertino pair e nfl^ws, Herat. 
Sat. 1. 6. 21. & 44. ;) but this was not always observed. Appius 
Claudius Ceecus first disgraced {inquinavit vel deformavit) the 



THE SENATE. 17 

senate by electing into it the sons of freedmen, (libertinorum Jiliis 
leciis,) Liv. ix. 29. 46. or the grandsons, according to Suetonius, 
who says, that libertini, in the time of Appius, did not denote those 
who were freed, but their progeny, (ingenuos ex his procreatos,) Suet. 
Claud. 24, a distinction which no where occurs in the classics. Sex. 
Aur. Victor calls those chosen by Appius Libertini; de vir, 
illust. 34. But nobody regarded that election, whatever it was, as 
valid, Liv. ix. 46. and the next consuls called the senate in the order 
of the roll, which had been in use before the censorship of Appius, 
Ibid, 30. It appears, however, that freedmen were admitted into 
the senate, at least towards the end of the republic. For Dio Cas- 
sius, speaking of the censorship of Appius Claudius, and Piso, the 
father-in-law of Caesar, A. U. 704, says, that Appius excluded not 
only all freedmen (clTrsXsu^spoi), but also many noblemen, and among 
the rest Sallust, the historian, xl. 63. for having been engaged in an 
intrigue with Fausta, the daughter of Sylla and wife of Milo, (a quo 
deprehensus, virgis ccesus erat,) GeW. xvii. 18. Serv. in Virg. JEn. 
vi. 612. Acron in Horat. Sat. i. 2. 41. Caesar admitted into the 
senate not only his officers, Dio. xlii. .51. but even his mercenary 
soldiers. Id. xliii. 20. xlviii. 22. lii. 25, & 42. all of whom Augustus 
removed. Ibid. At which time he was so apprehensive of danger, 
that when he presided in the senate, he always wore a coat of mail 
under his robe, and a sword with ten of the stoutest of his senatorian 
friends standing round his chair, Swe^. Aug. 35. 

In the year of Rome 535, a law was made, that no senator, or 
father of a senator, should keep a bark above the burden of 300 
cimphorce, or eight tons ; for this was reckoned sufficient to carry 
their grain from their farms, and it seemed below a senator to reap 
advantage by merchandise, Liv. xxi. 63. Cic in Verr. v. 18. 

Anciently no regard seems to have been paid to the fortune (cen- 
sus) of a senator, Plin. xiv. 1. and when it was first fixed does not 
appear. But in the flourishing state of the republic, as we learn 
from Suetonius, it behoved every senator to have a fortune of at least 
eight hundred sestertia, or 800,000 sestertii, which are computed to 
amount to between six and seven thousand pounds sterling. Augus- 
tus raised it to 1200 sestertia, and supplied the deficiency to those 
who had not that sum, Suet. Aug. 41. Cicero also mentions a cer- 
tain fortune as requisite in a senator, Fam. xiii. 5. 

Every lustrum, i. e. at the end of every fifth year, the senate was 
reviewed by one of the censors ; and if any one by his behaviour had 
rendered himself unworthy of that high rank, or had sunk his for- 
tune below that of a senator, his name was passed over by the censor 
in reu*ling the roll of senators ; and thus he was held to be excluded 
from the senate, {.notus e senutu.) 

But this, though disgraceful, did not render persons infamous, as 
those condemned at a trial ; for the ignominy might be removed by 
the next censors, or they might obtain offices which again procured 
them admittance into the senate, Cic. pro Cluent. 42. as was the 

3 



18 ROMAN ANTIQUITIES. 

case with C. Antonius, who was consul with Cicero ; and with R 
Lentulus, who was pra3tor at the time of Catihne's conspiracy, Dio, 
xxxviii. 30. Thus also Sallust the historian, that he might recover 
his senatorian dignity, was made Praetor by Caesar, Dio. xlii. 52. and 
afterwards governor of Numidia, where he did not act as he wrote, 
(oux i(x«f;.riJaTo tw spyu Tovg >.oyovg,) Id. xliii. 9. but by rapacity and ex- 
tortion accumulated a great fortune, which he left to his grand- 
nephew, Tacit. Annal. iii. 30, Horat. Od. ii. 2. 

The indulgence of being enrolled in the senate as supernumerary 
members, without a formal election, was first granted to magistrates 
by the censors, A. U. G93. Dio. xxxvii. 46. 

Tiiure was a list of the senators, (album senatorium, Xsuxwfxa vel 
dvrxypa^r] jSouXsu-rojv,) w^hcfc all their names were written, which, by 
the uppointmenl of Augustus, used to be annually pasted up in the 
se;:iate-huise, Dio.lv. 3. el Fragment. 137. and the name of any 
senat«)r who had been condemned by a judicial sentence was erased 
from it, Tacit. Annal. iv. 42. 

3. The Badges and Privileges of Senators. 

The Badges (insignia) of senators were, 1. the Latus clavus, or 
Tunica laticiavia, i. e. a tur^ic or w^aistcoat with an oblong broad 
stripe of purple, like a riband, sewed to it on the fore part. It was 
broad, to distinguJEh it from tliat of the Equites, who wore a narrow 
one. 2. Black buskins reaching to the middle of the leg, Horat. 
Sat. i. 6. 28. with the letter C in silver on the top of the foot, Juv, 
vii. 192. Hence calceos mutare, to become a senator, Cic. Phil, 
xiii. 13. 3. A particular place at the public spectacles, called Or- 
CHKSTRA, next the stage in the theatre, and next the arena in the 
amphitheatre, Cic. Cluent. 47.. 

This was first granted them by P. Cornelius Scipio, the elder, in 
his consulship, A. U. 558. Liv. xxxiv. 54. Hence Orchestra is put 
for the senate itself, Juvenal, iii. 177. 

In the games of the circus the senators sat promiscuously with the 
other citizens, till the Emperor Claudius assigned them peculiar 
seats there also. Suet. Claud. 21, Dto. Ix. 7. 

On solemn festivals, when sacrifices were offered to Jupiter by 
the magistrates, (m epulo Jovis vel in ca^na Diali), the senators had 
the sole right of feasting publicly in the Capitol, Gell. xii. 8, Dio, 
xlviii. 52. dressed in their senatorian robes, and such as were proper 
to the offices which they had borne in the city, Cic. Phil. ii. 43v 
Senec. contr. i. 18. When Augustus reduced the number of the 
senate, he reserved to those excluded, the badge of their dress, and 
the privilege of sitting in the Orchestra, and of coming to these pub- 
lic entertainments, (publice epulandijus ;) Suet. Aug. 35. 

4. The assembling of the Senate, and the Time and Place of its 

Meeting. 

The senate was assembled (convocabatur, vel cogehatur) at first 
]jy the kings, Liv, i, 48. after the expulsion of Tarquin, usually by 



THE SENATE. 19 

the consuls, and in their absence by the praetors, Cic. Ep. Fam. x. 
12, 28, also by the dictator, master of the horse, Liv. viii. 33. by the 
decemviriy mihtary tribunes, inlerrex, prefect of the city, Liv. iii. 9, 
& 29. ^. Gell. xiv. 7. and by the tribunes of the commons, who 
could summon the senate although the consuls were present, and 
even against their will ; Cic. Ep. Fam. x. 28. xi. 6. l)e Or at. iii. 1. 
Gell. xiv. 8. The Emperors did not preside in the senate, unless 
when invested with consular authority, (Princeps prcesidebat ; e7'at 
enim consul ;) Plin. Ep. ii. 11. Paneg. 76. 

The senators were summoned {arcessebuntur, citabantur, vocaban- 
tur, in senatum vocabantur, &c.) anciently by a public officer named 
VIATOR, because he called the senators from the country ; Cic. de 
Sen. 16. or by a public crier, when any thing had happened about 
which the senators were to be consulted hastily, and without delay, 
JLiv. iii. 38. but in latter times by an EDICT, appointing the time and 
place, and published several days before, Cic. Phil. iii. 8. not only at 
Rome, but sometimes also in the other cities of Italy, Cic. ad Jtt. ix. 
17. The cause of assembling it used also to be added, consult and um 
SUPER RE MAGNA ET ATROc, Tacit. Anual. ii. 28. Edicere senatum in 
proximum diem. ; Edicere ut senatus adesset, <^c. Cic. et Liv. passim. 

If any senator refused or neglected to attend, he was punished by 
a fine and by distraining his goods, {mulctd et pignoris captione ;) 
unless he had a just excuse, Liv^ iii. 38. Cic. Phil, i. 5. Phn. Ep. iv. 
29. The fine was imposed by him who held the senate, and pledges 
were taken till it was paid. But after sixty or sixty-five years of 
age, senators might attend or not as they pleased, Senec. de Brev. 
Vitm. 20. Controv. i. 8. Plin. Ep. iv. 23. 

The senate could not be held but in a temple, that is, in a place 
consecrated by the augurs, Gell. xiv. 7. that thus their deliberations 
might be rendered more solemn, Cic. Dom. 51. 

Anciently there were but three places where the senate used to 
be held (Curice v. Senacula) ; two within the city, and the temple of 
Bellona without it, Festus. Afterwards there were more places, as 
the temples o^ Jupiter Stator, Apollo, Mars, Vulcan, Tellus ; of Vir- 
tue, Faith, Concord, &c. Also the Curia Hostilia, Jtdia, Octavia, 
and Pompeia ; which last was shut up after the death of Caesar, be- 
cause he was slain in it. Suet. Jul. 88. These Curies were conse- 
crated as temples by the augurs, but not to any particular deity. 
When Hannibal led his army to Rome, the senate was held in the 
camp of Flaccus, the Proconsul, betwixt the Porta Coliina and 
JEsquilina, Liv. xxvi. 10. 

When a report was brought that an ox had spoken, a thing fre- 
quently mentioned in ancient authors, the senate was held under the 
open air, Plin, Hist. Kat. viii. 45. 

On two special occasions the senate w^as always held without the 
city, in the temple of Bellona or of Apollo ; for the reception of 
foreign ambassadors, especially of those who came from enemies, 
whom they did not choose to admit into the city ; and to give au- 



20 ROMAN ANTIQUITIES. 

dience (cum senalus datus est) to their own generals who were 
never allowed to come within the walls while in actual command, 
Liv. iii. 63. xxxi. 47. xxxiii. c. 22, <^ 24.-34, 43, 36, 39,-42, 36. 
Senec. Bene/, v. 15. 

The senate met (conveniehat) at stated times, on the kalends, 
nones, and ides of every month ; unless when the comitia were held. 
For on those days {diebus comitialibus) it was not lawful to hold a 
Senate, Cic. ad Frat. ii. 2. ad Fam. i. 4. nor on unlucky days, {die- 
bus nefastis v. atris) unless in danp^erous conjunctures, Id. viii. 8. 
Liv, xxxviii. 53. — xxxix. 39. in \^ hich case the senate might post- 
pone the comitia : Ibid. &: .Cic. Mur. 25. 

An ordinary meeting of the senate was called Senatus LEGITI- 
MUS, Suet. A^ig. 35. If an extraordinary senate was given to am- 
bassadors or others for any reason whatever, it used to be called IN- 
DICTUS or EDICTUS/ and then the senators were usjaally sum- 
moned by an edict, wiiereby anciently those were ordered to attend 
who were PATRES, and who were CONSCRIPTI, Lf^.ii. I. but 
afterwards, " those who were senators, and who had a right to de- 
liver their opinion in the senate." (Qui senatores, quibusque 

IN SENATU SENTENTIAM DICERE LICERET, UT ADESSENT; and SOmC- 

times, Ut adessent frequentes, ad viii* Cal. Decembr, &c, 
Cic. et Liv. Passim.) 

No decree of the senate could be made unless there was a quo- 
rum, {nisi senatorum humerus legitimus adesset.) What that was is 
uncertain. Before the times of Sulla, it seems to have been 100, 
Liv. xxxix. 18. Under Augustus it was 400, which, however, that 
Emperor altered, Dio. hv. 35. Iv. 3. If any one wanted to hinder 
a decree from being passed, and suspected there was not a quorum, 
he said to the magistrate presiding, Numera senatum. Count the 
senate, Cic. Ep. Fam. viii. 11, Festus in numera. 

Augustus enacted, that an ordinary meeting of the senate should 
not be held oftener than twice a month, on the Kalends and Ides; 
and in the months of September and October, that only a certain 
number chosen by lot should attend, Suet. Aug. 35. This regula- 
tion was made under pretext of easing the senators, but in reality 
with a view to diminish their authority, by giving them less frequent 
opportunities of exercising it. Augustus chose a councU for himself 
every six months, {concilia semestria sortiri,) to consider beforehand 
what things should be laid before a full house, {ad frequentem ser 
natum,) Ibid. 

The senate met always, of course, on the first of January, for the 
inauguration of the new consuls, who entered upon their office on 
that day, and then usually there was a crowded house. 

He who had the fasces presided, and consulted the fathers, first, 
about what pertained to religion, {de rebus divinis,) about sacrificing 
to the gods, expiating prodigies, celebrating games, inspecting the 
books of the Sibyls, &c. Liv. viii. 8. next, about human affairs, 
gamely, the raising of armies, the management of wars, the proviji- 



THE SENATE. 21 

ces, &c. The consuls were then said to consult the senate about 
the republic in general, {de republica indefinite,) and not about par- 
ticular things, {rebus de singulis finite, j^ul. Gell. xiv. 7.) The 
same was the case in dangerous junctures, when the senate was con- 
sulted about the safety of the republic, {de summa republica, v. tota.) 
Cic. passim. 

The month yof February v/as commonly devoted to hear embas- 
sies and the demands of the provinces, Cic, ad Fratr, ii. 3. & 12. 
ad Fam. i. 4. Ascon, in Verr. i. 35. 

5. The Manner of holding and Consulting the Senate. 

The magistrate, who was to hold the senate, offered a sacrifice, 
and took the auspices, before he entered the senate-house, Plin. Pan. 
76. Gell. xiv. 7. If the auspices were not favourable, or not rightly 
taken, the business was deferred to another day, Cic. Epist. x. 12. 

Augustus ordered, that eoch senator, before he took his seat, 
should pay his devotions, widi an offering of frankincense and wine, 
at the altar of that god in whose temple the senate were assem- 
bled, that thus they might discharge their duty the more religiously, 
Suef. Aug. 35. 

When the consuls entered the senate-house, the senators com- 
monly rose up to do them honour, Cic. Pis. 12. 

The senate, was consulted about every thing pertaining to the ad- 
ministration of the state, except the creation of magistrates, the 
passing of laws, and the determination of war and peace ; all which 
properly belonged to the whole Roman people, Dionys. ii. 14. 

The senate could not determine about the rights of Roman citi- 
zens, without the order of the people, Liv. xxvi. 33. 

When a full house was assembled, the magistrate presiding, whe- 
ther consul or praetor, &:c. laid the business before them in a set 
form ; Quad eonum, faustum, felix, fortunatum, sit ; referimus 
AD vos, Patres Conscripti. Then the senators were asked their 
opinion in this form ; Die. Sp. Posthumi, quid censes ? Liv. i. 32. 
ix. 8. or Quid fieri placet ; Quid tibi videtur? 

In asking the opinions of the senators, the same order was not al- 
ways observed ; but usually the princeps senatus was first desired to 
deliver his opinion, unless when there were consuls elect, who were 
always asked first, Sal. Cat. 50. Cic. Phil. v. 13. Fam. viii. 4. and 
then the rest of the senators according to their dignity, Consulares, 
Prcetorii, Mdilitii, Tribunitii, et Qumstorii, which is also thought to 
have been their order in sitting, Cic. Phil. 13. The benches on 
which the senators sat, {subsellia.) Cic. Cat. i. 7. were probably of 
a long form,. Cic. Fam. iii. 9. as that mentioned by Juvenal, {longa 
(^athedra,) ix. 52. and distinct from one another, each fit to hold all 
the senators of a particular description ; some of them shorter, as 
those of the tribunes, which seem to have held only a single person, 
Suet. CI. 23. The consuls sat in the most distinguished place, on 
jtheir curule chairs, Cic. Ibid, c^ Cat, iy, 1. 



22 ROMAN ANTIQUITIES. 

As the consuls elect were first asked their opinion, so the pra3- 
tors, tribunes, &lc elect, seem to have had the same preference be- 
fore the rest of their order, Cic. ad Att. xii. 21. in Verr. v. 14. 
He who held the senate, might ask first any one of the same order 
he thought proper, which he did from respect or friendship, Cic. 
post redit. in Senat. 7. Liv. v. 20. Gell. iv. 10. xiv. 7. Senators 
were sometimes asked their opinions by private persons : (multi ro- 
gahantur, atque idipsum considibus invitis ;) Cic. Fam. i. 2. 

The consuls used to retain through the w^hole year the same order 
which they had observed in the beginning of their office. Suet. Jul. 
21. But in latter times, especially under the Emperors, they were 
asked in what order the magistrate who presided thought proper, 
Cic. Att. i. 13. Plin. Ep. ix. 13. When they were all asked their 
opinions, they were said p'errogari, Liv. xxix. 18. Plin. Pan. 60. 
and the senate to be regularly consulted or the affair to be delibe- 
rated about, {or dine consuli,) Liv. ii. 28, and 29. Augustus observ- 
ed no certain rule in asking the opinions of the senators, that there- 
by they might be rendered the more attentive, Suet. 35. 

Nothing could be laid before the senate against the will of the 
consuls, unless by the tribunes of the people, who might also give 
their negative {moram facer e) against any decree, by the solemn 
word VETO ; which was called interceding, (inter cedere.) This 
might also be done by all who had an equal or greater authority than 
the magistrate presiding, Cic. Legg. in. 3. Gell. xiv. 7. If any per- 
son interceded, the sentence of the senate was called SENATUS 
AUCTORITAS, their judgment or opinion, Liv. iv. 57. Cic. Fam. 
i. 2. viii. 8. and not senatus consultum or decreium, their command. 
So likewise it was named, if the senate was held at an improper time 
or place, {alieno tempore aut loco ;) or if all the formalities {solem- 
nia) were not observed, Dio. Iv. 3. in w^hich case the matter was re- 
ferred to the people, or was afterwards confirmed by a formal decree 
of the senate, Cic. Ep. Fam. x. 12. But when no mention is made 
of intercession or informality, Auctoritas Senatus is the same with 
consultum, Cic. Legg. ii. 15. They are also sometimes joined ; thus, 
Senatus consultl auctoritas, w\\\(i\\ was the usual inscription of the de- 
crees of the senate, and marked with the initial letters S. C. A. Cic, 

The senators delivered their opinion, (sententiam dicehant) stand- 
ing : Whence one was said to be raised, [excitari,) when he was or- 
dered to give his opinion, Liv. ix. 8. Cic. ad Attic, i. 13. But when 
they only assented to the opinion of another, (verbo assentiebantur,) 
they continued sitting, Cic. Fam. v. 2. Plin. Pan. 76. The princi- 
pal senators might likewise require the consul, to lay before the se- 
nate any other subject which they thought would be of advantage 
to the state, besides the matter proposed ; which Tacitus calls, 
Egrcdi relationem. They were then said CENSERE referendum 
de aliqua re. Sail. Cat. 50. Plin. Ep. vi. 5. or Relationem poslU' 
tare, Tacit. Ann. xiii. 49. For no private senator, not even the con- 
sul-elect, was allowed to propose to the Senate any question himself, 



THE SENATE. 23 

Cic. Pro. Dom. 27. Sometimes the whole house called out for a 
particular motion, Sail. Cat. 48. And if the consul hesitated or 
refused, which he did by saying, Se considerare velle, the other 
magistrates, who had the right of holding the senate, might do it, 
even against his will, particularly the tribunes of the people, Cic, 
pro leg. Manil. 19. pro Sext. 30. Epist. Fam. x. 16. Hence Au- 
gustus was, by a decree of the senate, invested with the power of 
tribune for life, that he might lay any one thing he pleaded before 
the senate every meeting, akhoiugh he was not consul, Dio. liii. 32. 
And the succeeding Emperors obtained from the senate the right 
of l^.ying before them one, two, or more things at the same meeting ; 
which was called ^w^ primiB, secundcs. t:rticB, quartcB, et quintcB, rela- 
tionis, Vopisc. et Capitol. In those times tne senator who gave his 
opinion first, was called Primes sententicB senator, Ibid. 

It was uQt lawful for the consuls to interrupt those that spoke, 
although they introduced in they s^^ eech many things foreign to the 
subject ; which they sometimes did, that they might waste the day 
in speaking, {ut diem dicendo eximerent, Qonsumerent v. toller ent,) 
Cic. Verr. 2, 39. For no new reference could be made after the 
tenth hour, i. e. four o'clock afternoon, according to our manner of 
reckoning ; Senec. de Tranquill. An. c. ult. nor a decree passed" af- 
ter sunset, A. Gell. xiv. 7. 

Hence Cicero, in blaming the decrees of Antony, calls them SCta 
Vespertina, Phil. iii. 10. We read, however, of the senate's being 
assembled at midnight, upon the arrival of an express from one of 
the consuls, Sp. Furius, that he was besieged by the ^Equi and Volsci, 
A. U. 290. Dionys. ix. 63. so iii. 26. and of a person haranguing 
till it was so late that lights were called for, {node illatis lucernis,) 
Plin. Ep. iv. 9. 

Those who grossly abused this right of speaking without interrup- 
tion, were sometimes forced to give over speaking, (perorare,) by 
the noise and clamour of the other senators, Cic. ad Ati. iv. 2. 
Sometimes magistrates, when they made a disagreeable motion, were 
silenced in this manner. Thus Cceptum est referri de indiicendo 
SCto,.{. e. delendo vel expungendo ; ab omni senatu reclamatum est^ 
Cic. pro Dom. 4. Ejus orationi vehementer ah omnibus reclamatum 
est, Id. Fam. i. 2. So when a senator threw out abusive language 
against any one, as Catiline did against Cicero and others, the whole 
senate bawled out against him, {obstrepere omnes,) Sail. Cat. 31. 

This used also to happen under the Emperors. Thus Pliny, 
speaking of himoelf, after the death of Domitian, says, Finio. Incipit 
respondere Vejento ', nemo patitur ; obterbatur, obstrepitur j adeo gui- 
dem. ut diceret y Roao, Patres C. ne me cogatis implorare aux- 
iLiUM Tribunorum. Et statim Murena tribunus. Permitto tibi, 
viR CLARissiME Vejento, DiCERE. . Twic quoquc reclamatur, Ep. 
ix. 13. The title of Clarissimus was at this time given to all the 
senators, but formerly only to the leading men. 



24 ROMAN ANTIQUITIES. 

Sometimes the speeches of senators were received with shouts 
of applause ; thus, Consurcrenti ad censendum acclamatum est, quod 
solet residentibus, Phn. Ep. iv. 9. And the most extravagant ex- 
pressions of approbation were bestowed on the speakers ; Nonfere 
quisquam in senatu fait, qui non me complect eretur, exoscularetur, 
certatimque laude cumularet, Id. ix. 43. The consul, or presiding 
magistrate, seems to have exercised different powers in the senate 
at different times, Cic. Om^. iii. 1. When Cato one day, to pre- 
vent a decree from being passed, attempted to waste the day in 
speaking, Cassar, then consul, ordered him to be led to prison ; 
whereupon the house rose to folio v/ him, which made Caesar recall 
his order, Gell. iv. 10. 

If any one in delivering his opinion had included several distinct 
articles, some of which might be approved and others rejected, it 
was usual to require that the opinion might be divided, and that 
each particular might be proposed apart ; und therefore any senator 
might say. Divide, Cic. Fam. i. 2. Senec. Ep. 21. Ascon, in Cic. 
Mil. 6. 

In matters of very great importance, tho senators sometimes de- 
livered their opinions upon oath, (jurali,) Li v. xxvi. 33. xxx. 40. 
xlii". 21. Tacit. Annal. iv. 21. 

Several different questions might be referred to the senate by 
different magistrates in the same meeting, Cic. Phil. vii. 1. Liv. 
xxx. 21. 

When any magistrate made a motion, he was said. Verba facere ; 

REFERRE VCl DEFERRE AD SENATUM, Or CoNSULERE SENATUM DE 

ALiQUA RE, Cic. in Pis. 13, and the senators, if they approved of it, 

RELATIONEM ACCIPERE, Liv. l\. 39. 

When different opinions were delivered, the senators expressed 
their assent, some to one and some to another, variously, by their 
looks, by nodding with their heads, by stretching out their hands, 
&:c. Tacit. Hist. iv. 4. 

The senators who spoke usually addressed themselves to the whole 
house, by the title of Patres Coivscrifti, Cic. et Liv. passim^ 
sometimes to the consul or person who presided, Cic. Phil. viii. 1. 
sometimes to both, Liv. vi. 15. They commonly concluded their 
speeches in a certain form : Quare ego ita censed; or Placet 
iGiTUR, &c. Sallust. Cat. li. 52. Quod C Pansa verba FEcrr de 
— de ea re ita censeo ; or Qu^c cum tfa sint ; or Quas ob res, ita 
Censeo, Cic. Phil. iii. 15. v. 4. ix. 7. Sometimes they Vised to read 
their opinion, (de scripto dicere,) Cic. Fam. x. 13/ and a decree of 
the senate was made according to it, (in sententiam alicujus, vel ita 
ut ille censehat.) 

When a senator did not give an entire assent to the opinion of any 
one, but thought that something should be added, he said, Servilio 
assentior, et hoc amplius censeo ! Cic. Phil. xiii. 21. which was 
called addere sententim, vel in senientium, Sail. Cat. 51. 



THE SENATE. 25 



6. The Manner of Making a Decree of the Senate. 

When several different opinions had been offered, and each sup- 
ported by a number of senators, the consul or magistrate presiding 
might first put to the vote which opuiion he pleased, {sententiani 
primampronunciare,ut in earn discessio fieret ^) Cic. Ep. Fam. i. 2. 
X. 12. or suppress altogether {negare se pronunciaturum) what he 
disapproved, Cces. de Bell. Civili, i. 1. And herein consisted the 
chief power of the consul in the senate. But even this was some^ 
times contested by the tribunes, {ante se oporlere discessionem facere^ 
qudm consules,) Cic. Fam. i. 2. 

A decree of the senate was made by a separation {per discessionem) 
of the senators to different parts of the house. He who presided 
said, " Let those who are of such an opinion pass over to that 
side; those who think differently to this." (Qui hoc censetis, 

ILLUC TRANSITE. Qui ALIA OMNIA, In HANG PARTEM.) HcUCe Ire 

pedibus in sententiam alici^j us, to agree to anyone's opinion; and 
Discederc v. transire in alia omnia, for Contrarium sentire, Plin. Ep* 
viii. 14. Frequmtes ierunt in alia omnia, a great majority went 
into the contrary opinion, Cic. Fam. i. 2. Freguens senatus in alia 
omnia iit, Id. viii. 13. discessil, x. 12. The phrase Qui alia omnia, 
was used instead of Qui non censetis, sc. hoc, from a motive of 
superstition, '{ominis causa,) Festus^ 

Those senators who only voted, but did not speak, or, as some 
say, who had the right of voting, but not of speaking, were called 
PEDARII, Festus, A. GtlL iii. 18. Cic. ad Att. i. 19. 20. be- 
cause they signified their opinion by their feet, and not by their 
tongues : Or, according to others, because not havino; borne a curule 
magistracy, they went to the senate on foot, A. GelL ibid. Buty 
according to Pliny, anciently all the senators went to the senate on 
foot ; and the privilege of being carried thither in a chariot was 
never granted to any one but Metellus, who had lost his sight in res- 
cuing the palladium, or image of Pallas, from the temple of Vesta 
when in flames. Hist. Kat. vii. 43. s. 45. 

He who had proposed the opinion, {qui senientiam senatui prce- 
stiiisset, Cic. in Pis. 32,) or who had been the principal speaker in 
favour of it, the consul, or whoever it was, (PRINCEPS vel AUC- 
TOFv Scuteniice, Ovid. Pont. ii. 3. 31.) first passed, and those who 
agreed with him followed, Plin. Epist. ii. 11. Those who differed 
went to a different part of the house ; and into whatever part most 
of the Senators went, tho Consul said of it, " This seems to be the 
majority." (Bmc pars major videtur.) Then a decree of the 
Senate was made according to their opinion, Plin. Ep. ii. 12. and 
the names of those w4io had been most keen for the decree, were 
usually prefixed to it, which were called AUCTORITATES per- 
s-cripta:, vel prcBscriptoi, Cic. Orat. iii. 2. because they staid to see 
the decree made out, {scribendo ndfnerunt, i. e. Senatus consulti 

4 



26 ROMAN ANTIQUITIES. 

cotificiendi tesles erant.) Senatus consuUum ed perscriptione esij c^ 
that form, to that effect, Cic. Fam. v. 2. 

Anciently the letter T was subscribed, if the Tribunes did not 
give tlieir negative ; for at first the Tribunes were not admitted into 
the Senate, but sat before the Senate-house on benches, till the de- 
crees of the Senate were brought to them for their approbation or 
rejection, Val. Max. ii. 7. This, however, was the case only for a 
very short time ; for A. U. 310, we find Canuleius, one of their 
number, speaking in the Senate, Liv. iv. 1. and Dionysius says they 
were admitted soon after their institution, vii. 49. 

When a decree of the senate was made, without any opinions 
being asked or given, the fathers were said Pedibus ferre sententiam -^ 
and the decree was called SENATUS CONSULTUM PER DIS- 
CESSIONEM, ^. Gell. xiv. 7. Cic, Phil. iii. 9. Suet. Tib. 31. But 
when the opinions of the senators were aske-d, it was simply called 
SENATUS CONSULTUM, Cic. in Pis. 8. Although it was then 
also made per discessionem ; and if the senate was unanimous, the 
discessio was said to be made sine ulld varietate, Cic. pro Sext. 34« 
If the contrary, in magna varietate stntentiarum, lb. 

In decreeing a supplication to any general, the opinions of the 
senators were always asked ; hence Cicero blames Antony for omit- 
ting this, in the case of Lepidus, Phil. iii. 9. Before the vote was 
put, {aiite discessionem factam^ and while the debate was going on, 
the members used to take their seats near that person whose opinion 
they approved, Plin. Ep. viii. 14. and the opinion of him who was 
jollied by the greatest number, was called SENTENTIA maximb 

TREGiUENS, lb. U. 11. 

Sometimes the Consuls brought from home in writing the decree 
which he wished to be passed, and the senate readily agreed to it, 
Cic. Phil. i. 1. 

When secrecy was necessary, the clerks and other attendants were 
not admitted ; but what passed was written out by some of the sena- 
tors, Cic. pro Syll. 14. A decree made in this manner was called 
Tacit UM, Capitol in Gordian. 12. Some think the Senatores Peda^ 
rii were then likewise excluded, from Faler. Max. ii. 2. 

Julius Cassar, whe-n consul, directed what was done in the senate 
(DiuRNA Acta) to be pubhshed: Sueb. Jul. 20. which also seems to 
have been done formerly, Cic. pro Syll, 14. But this was prohibited 
by Augustus, Suet. Aug. 36. An account of their proceedings, how- 
ever, was always made out ; and under the succeeding Emperors 
we find some senator chosen for this purpose. [Aciis vel commenta- 
riis Senaius conficiendis^) Tacit. Ann. v. 4. 

Public registers (ACTA, i. e. tabulm vel commentarii) were also 
kept of what was done in the assemblies of the people, and by 
courts of justice; also of births and funerals, of marriages and di- 
vorces, &c. which served as a fund of information for historians ; 
hence Diurna Urbis Acta, Tacit, Annul, xiii. 31. Acta Populi, 
Suet. Jul, 20. Acta Publica, Tacit. Ann. xii. 24. Suet. Tib. v. Plin. 



THE SENATE, 27 

Ep, vii. 33. Urban A, Id. ix. 15. usually called by the simple name 
Acta, Cic. Fam, xii. 8. Plin. vii. 54. 

SENATUS CONSULTUM and DECRETUM are used promis- 
cuously to denote what the senate decreed ; Cic. Liv. et SalL passim, 

50 ConsuUa et Decreta patrum, Horat, But they were also distin- 
guished as a genus and species : decretum being sometimes put for a 
part of the SCtum, as when a province, an honour, or a supplication 
was decreed to any one, Festus, Decretum is likewise applied to 
others besides the senate ; as, Decreta Consulum, Augwum, Pont'iJi~ 
cum, Decurionum, Ccesaris, Principis, Judicis, &lc. So likewise con- 
sultUf but more rarely ; as Consulta Sapientum, the maxims or opi- 
nions, Cic, deleg. i. 24. Considta Belli, determinations, Sil. iv. 35. 
Gracchi, Id. vii. 24. 

In writing a decree of the senate, the time and place were put 
first, then the names of those who were present at the engrossing of 
it ; after that the motion, with the name of the magistrate who pro- 
posed it ; to all which was subjoined what the senate decreed. Thus, 
Senatus Consulti AucTORiTAS, Pridie Kal. Octob. in ^de 
Apollinus, Scribendo adfuerunt, L. DoMiTius, &:c. Quod M. 
Marcellus Cos. verba fecit de Provinciis Consularibus, de 
EA re ita censuit, V. CENSUERUNT, UTi, &c, Cic. Ep. Fam. viii. 8. 

Hence, we read, De ea re Senatus consultus ita censuit, de- 
CREviT ; also Placere Senatui ; Senatum velle et ^quum cjcn- 
sere; Senatum existimare, arbitrari, et judicare ; ViDERi Se- 
natui, Cic. Liv. Sail. &lc. passim. 

If the tribunes interposed, it was thus marked at the end ; Huic 
Senatus Consulto intercessit C. Coclius, C. Pansa Trir 
Pleb. Cic. ibid. Sometimes the tribunes did not actually interpose 
but required some time to consider of it, and thus the matter was 
delayed, Cic. pro. Sext.34:. 

When the senate ordered any thing to be done, these words were 
commonly added, PRIMO QUOQUE TEMPORE, as soon as pos- 
sible. When they praised the actions of any persons they decreed, 
Eos RECTE atque ordine VIDERI fecisse, Liv. passim. If the 
contrary, Eos contra rempublicam fecisse VIDERI, Id. 

Orders were given to the consuls, {Negotium datum est Consulibus,) 
not in an absolute manner, but with some exception ; Sf videretur 

51 e republica esse ducerent, Liv. Quod commodo Reipublic^ 
fieri posset, Cces. Ut Consules alter, ambove, si eis vidf.atur 
AD bellum proficiscerentur, O'c. When the consuls obeyed the 
orders of the senate, they were said esse vel fore in patrum po- 
TESTATE ; and the senators when they complied with the desires of 
the people, esse in popult potestate, Liv. ii. 56. &c. 

When the senate asked any thing from the tribunes, the form was 
Senatus censuit, ut cum Tribunis ageretur, Liv. xxvi. 33. xxx 
41. 

The decrees of the senate, when written out, were laid up in the 
treasury, (in Mrarium condebantur,) where also the laws and otlier 



28 ROMAN ANTIQUITIES. 

writings pertaining to the republic were kept. Liv. iii. 9. An- 
ciently they were kept by the JEdiles in the temple of Ceres, Id. 
iii. 55. The place where the public records were kept was called 
TABULARIUM. The decrees of the senate concerning the ho- 
nours conferred on Caesar were inscribed in golden letters on columns 
of silver, Dio. xliv. 7. Several decrees of the senate still exist, en- 
graven on tables of brass ; particularly that recorded, Liv. xxxix. 19. 

The decrees of the senate, when not carried to the treasury, were 
reckoned invalid, Suet. Aug. 94. Hence it was ordained, under 
Tiberius, that the decrees of the senate, especially concerning the 
capital punishment of any one, should not be carried to the treasury 
before the tenth day. Tacit. Ann. iii. 51. that the Emperor, if absent 
from the city, might have an opportunity of considering them, and, 
if he thought proper, of mitigating them, Dio. Ivii. 20. Suet. Tib. 75. 

Before the year of the city 306 the decrees of the senate were 
suppressed or altered at the pleasure of the consuls, Liv. iii. 55. 
Cicero accuses Antony of forging decrees, Phil. v. 4. 

Decrees of the senate were rarely reversed. While a question 
was under debate, (re integra,) every one was at freedom to express 
his dissent (contradicere vel dissentire) ; but when it was once deter- 
mined (re per acta), it was looked upon as the common concern of 
each member to support the opinion of the majority {quod pluribus 
placuissetf cunctis tuendum,) Plin. Ep. vi. 13. 

After every thing was finished, the magistrate presiding dismissed 
the senate by a set form ; Non amplius vos moramur, P. C. or Ne- 
mo vos TENET : Nihil vos moramur : Consul, citatis nominibus, 

PT PERACTA DIRCESSIONE, MITTIT SeNATUM, PUn. Ep. ix. 13. 

7. The power of the Senate at different Periods, 

The power of the senate was different at different times. Un- 
der the regal government, the senate deliberated upon such public 
affairs as the king proposed to them ; and the kings were said to 
act according to their counsel, {ex consilio Patrum, Liv. i. 9.) as 
the consuls did afterwards according to their decree, {ex SCto.) Liv, 
ii. 2. &;c. 

Tarquin the Proud dropped the custom handed down from his 
predecessors, of consulting the senate -about every thing ; banished 
or put to death the chief men of that order, and chose no others in 
their room, Liv. i. 49. But this king was expelled from the throne 
for his tyranny, and the regal government abolished, A. U. 243. 

After this the power of the senate was raised to the highest. 
Every thing was done by its authority. The magistrates were in a 
manner only its ministers, (quasi ministri gravissimi concilii, Cic. pro 
Sextio, 65.) No law could be passed, nor assembly of the people 
held, without their consent ; nisi Patribus auctoribus, h. e. jubenti- 
bus V. permittentibus, Liv. vi. 42. But when the patricians began 
to abuse their power, and to exercise cruelties on the Plebians, 
especially after the death of Tarquin, A. U. 257. the multitude took 



THE SENATE. 29 

arms in their own defence, made a secession from the city, seized on 
jMons Sacer, and created tribunes for themselves, who attacked the 
authority of the senate, and in process of time greatly diminished it 
by various means ; Jirst^ by the introduction of the Comitia Tributa, 
and the exclusion of the patricians from them, Liv. ii. 60. Then, 
by a law, made by Laetorius the Tribune, that the Plebian ma- 
gistrates should be created at the Comitia Tributa, Liv. ii. 56. 
& 57. Dionys. ix. 49. ilfterwards, by a law passed at the Co- 
mitia Centuriata, by the consuls Horatius and Valerius, that the 
laws passed at the Comitia Tributa, (Plebiscita,) should also bind 
the patricians, Liv. iii. 55. And lai^tly, by the law of Publilius the 
Dictator, A. U. 414. Liv. viii. 12. and of Moenius the Tribune, A. 
U. 467. Cic. Brut. 14. that before the people gave their votes, the 
fathers should authorize whatever the people should determine at 
the Comitia Centuriata ; {id Jierent auctores ejus rei, quam populus 
jussurus csset, v. in incertum eventiim ccmitiorum, Liv.) Whereas 
formerly, whatever the people ordered was not ratified, unless the 
Senators confirmed it {nisi patres auctores Jierent, Liv. i. 17. 22. iv. 
3. 49. Cic. Plane. 3.) But the power of the senate was most of all 
abridged by the right of the tribunes to render the decrees of the 
senate of no effect by their negative, {inter cedendo.) Still, how- 
ever, the authority of the senate continued to be very great ; for as 
power and majesty properly belonged to the people, so did authority, 
splendour, and dignity to the senate. {Potest as in populo, auctoritas 
in senatu, Cic. Legg. iii. 12. Locus, auctoritas, domi splendor ; apud 
exteras nationes nomen et gratia. Id. pro Cluent. 56.) 

The Senatorian order is called by Cicero, Or do amplissimus et 
sanctissimus ; summum Populi Rvmani, populorumque et gentium 
omnium ac Regum consilium ; pro Dcm. 28. And the Senate-house, 
Tcmplum sanctitatis, amplitudinis, mentis, consilii publici, caput urbis, 
ara sociorum, portus omnium gentium, &:c. pro Milone, 33. Hence 
senators in foreign countries were treated with the highest respect, 
Cic. in Ferr. iv. 11. And as senators were not allowed to leave 
Italy without permission {sine commeatu) Cic. Attic, viii. 15. Suet. 
Claud. 16. (fe 23. Ner. 25. unless to Sicily and Gallia Narbonensis, 
Dio. \m. 42. when they had occasion to travel abroad, they usually 
obtained the privilege of a free legation, as it was usually called 
sine mandatis, sine ullo reipublicce muncre ; ut hosreditates aut syn- 
graphas suas persequerenlur,) Cic. de Leg. iii. 8. Ep. Fam. xi. 1. 
Att. XV. 12. Suet. Tib. 31. which gave them a right to be tre^;ted 
every where with the honours of an ambassador. In the provinces 
they had lictors to attend them, Cic. Ep. Fam. xii. 21. And if they 
had any law-suit there, they might require that it should be remitted 
to Rome, lb. xiii. 26. The advantages of honour and respect were 
the only compensation which senators received for their attention 
to public affairs. Cic. Cluent. 55. 

Although the supreme power at Rome belonged to the people, 
yet they seldom enacted any thing without the authority of the se- 



30 ROMAN ANTIQUITIES. 

nate. In all weighty affairs, the method usually observed was, that 
the senate should first deliberate and decree, and then the people 
order. Senatus censuit v. decrevit, Populus jussit. Liv. i. 17. 
iv. 49. X. 12. 45. xxxvii. 55. &c. But there were many things of 
great importance, which the senate always determined itself, unless 
when they were brought before the people by the intercessions of 
the tribunes. This right the senate seems to have had, not from any 
express law, but by the custom of their ancestors, Cic^ de Orat. i. 52. 

1. The senate assumed to themselves the guardianship of the 
public religion ; so that no new god could be introduced, nor altar 
erected, nor the Sybilline books consulted, without their order, Liv, 
ix. 45. Cic. de Div. 48. 54. 

2. The senate had the direction of the treasury, and distributed 
the public money at pleasure, Cic. in Fatin. 15. Liz;, xxxvii. 54. 
They appointed stipends to their generals and officers, and provi- 
sions and clothing to their armies, Polyb. vi. 11. 

3. They settled the provinces, which were annually assigned to 
the consuls and praetors, and when it seemed fit they prolonged their 
command, Cic. pro Dom. 9. 

4. They nominated out of their own body all ambassadors sent 
from Rome, Liv. ii. 15. xxx. 26. xUi. 19. pA alibi passim ; and gave 
to foreign ambassadors what answers they thought proper, Cic in 
Fatin. 15. Dom. 9. Liv. vi. 26. vii. 20. xxx. 17. 

.5. They decreed all public thanksgivings for victories obtained ; 
and conferred the honour of an ovation or triumph, with the title of 
IMPERATOR, on their victorious generals, Cic. Phil, xiv 4 & 5 
Liv. 23. Polyb. y\. 11. ... 

6. They could decree the title of king to any prince whom they 
pleased, and declare any one an enemy by a vote, Cces. Liv. et Cic. 
passim. 

7. They inquired into public crimes or treasons, either in Rome 
or the other parts of Italy, Liv. xxx. 26. and heard and determined 
all disputes among the allied and dependent cities, Cic. Of. i. 10. 
Polyb. vi. 11. 

8. They exercised a power, not only of interpreting the laws, 
but of absolving men from the obligation of them, and even of abro- 
gatmg them, Cic. pro Dom. 16. 27. pro lege Manil. 21. de Legg. ii. 
6. Ascon. in Cic. pro Cornel. Plin. Epist. iv. 9. 

9. They could postpone the aesemblies of the people, Cic. pro 
Mur. 25. AtL iv. 16. and prescribe a change of habit to the city, in 
cases of any nnminent danger or calamity, Cic. pro Sext. 12. But 
the power of the senate was chiefly conspicuous in civil dissentions 
or dangerous tumults within the city, in which that solemn decree 
used to be passed, " That the consuls should take care that the re- 
public should receive no harm ;" Ul consulus darent operam, ne quid 
detrimenti respublica caperct. By which decree an absolute power 
was granted to the consuls, to punish and put to death whom they 
pleased, without a trial ; to raise forces, and carry on war without 
the order of the people, Sallust de hello Cat, 29. 



THE SENATE. 31 

This decree was called ULTIMUM or EXTREMUM, Cces. de 
Bell. Civ. i. 4. and Forma SCli uliimm necessitatis, Liv. iii. 4. By 
it the republic was said to be intrusted to the consuls, permitti v, 
commendari consulibus ; or permitti consulibus id remprtblicam defen- 
derent, Cic. Sometimes the other magistrates were added, Ccbs, 
ibid. Liv, vi. 19. Sometimes only one of the consuls is named, as 
in the commotion raised by C. Gracchus, Ut L. Opimius Consul vi- 
deret, &c. because his colleague Q. Fabius Maximus was absent, Cic. 
in Cat. i. 2. So Liv. iii. 4. 

Although the decrees of the senate had not properly the force of 
laws, and took place chiefly in those matters which were not provi- 
ded for by the laws ; yet they were understood always to have a bind- 
ing force, and were therefore obeyed by all orders. The consuls 
themselves were obliged to submit to them, Liu. iv. 26. xlii. QL^They 
could only be annulled or cancelled, {induci, i. e. deleri, poterant,) 
by the senate itself, Cic. pro Dom. 4. Attic, i. 17. Their force how- 
ever in certain things was but temporary ; and the magistrates some- 
times alleged, that they were binding but for one year, Dionys. ix. 
37. In the last age of the republic, the authority of the senate was 
little regarded by the leading men and their creatures, Cic. pro Sexf. 
12. who, by means of jDribery, obtained from a corrupted populace 
what they desired, in spite of the senate, Ap pi an de bell. civ. ii. 433. 
&c. Thus Caesar, by the Vatinian law, obtained the province of 
Cisalpine Gaul and lllyricum for five years from the people, and 
soon after Gallia Comata or Ulterior, fr6m the senate ; the fathers 
being afraid, lest, if they refused it, the people should grant him 
that too, Suet. Ml. 22. Plutarch, in vita Cces. But this corruption 
and contempt of the senate at last terminated in the total subver- 
sion of public liberty. 

Cicero imagined, that, in his consulship, he had established the 
authority of the senate on a solid basis, by uniting it with the eques- 
trian order, Cic. Cat. iv. 10. Pis. 3. thus constituting what he calls 
Optima Resfuelica ; quce sit in potestatem optimorum, i. e. nobili- 
nm et ditissimorum, de Legg, iii. 17. (dpKf-roxparsia,) and ascribes the 
ruin of the republic to that coalition not being preserved, Att. i. 14. 
16. But it was soon after broken (ordinum concordia disjuncta est^ 
Cic. Att. i. 13.) by the refusal of the senate to release the cquites 
from a disadvantageous contract concerning the Asiatic revenues, 
Cic. Att. 1. 17. which gave Caesar, when consul, an opportunity of 
obliging that order, by granting their request; as he had formerly 
obhged the populace by an agrarian law. Suet. Cces. 20. Cic. Att. I. 
15. and thus of artfully employing the wealth of the republic to en- 
slave it, Dio. xxxviii. 1. & 7. See Leges Juli^e. The senate and 
equites had been formerly united, Sallust Jug. 42. and were after- 
wards disjoined from similar motives. See Leges SEMPRONiiE, dc 
judiciis. 

Augustus, when he became master of the empire, retained the forms 
of the ancient republic, and the same names of the magistrates : 



32 ROMAN ANTIQUITIES. 

but left nothing of the ancient virtue and Hberty (prisci ct iniegri 
morsi,) Tacit. Ann. i. 3. While he pretended always to act by the 
authority of the senate, he artfully drew every thing to himself. 

Tiberius apparently increased the power of the senate, by trans- 
ferring the right of creating magistrates, and enacting laws, from the 
comitia to the senate. Tacit. Ann. i. 15. In consequence of which, 
the decrees of the senate obtained the force of laws, and were more 
frequently published. But this was only a shadow of power ; for 
the senators, in giving their opinions, depended entirely on the will 
of the prince ; and it was necessary that their decrees should be 
confirmed by him. An oration of the emperor was usually prefix- 
ed to them, which was not always delivered by himself, but was 
usually read by one of the qusestors, who were called Candidati^ 
Suet. '^it. 6. Aug. 65. Hence what was appointed by the decrees 
of the senate, was said to be oratione principis cauium ; and these 
orations are sometimes put for the decrees of the senate. To such 
a height did the flattery of the senators proceed, that they used to 
receive these speeches with loud acclamations, Plin. Paneg. 75* 
and never failed to assent to them ; which they commonly did by 
crying out Omnes, Omnes, Vopisc. in Tacit. 7. 

The messages of the Emperors to the senate were called EPIS- 
TOL^, or LIBELLI ; because they w^ere folded in the form of a 
letter or httle book. I. Csesar is said to have first introduced these 
libella, Plutarch, in Vita Cses. Suet. Jul. 56. which afterwards came 
to be used almost on every occasion, Suel. JuL 81. Aug. 53. & 84v 
Tacit Annal. iv. 39. 

But the custom of referring every thing to the senate {Suet. Tib. 30.) 
was only observed till the Romans became habituated to slavery. 

After this, the Emperors gradually, began to order what they 
thought-proper, without consulting the senate ; to abrogate old laws 
and introduce new ones ; and, in short, to determine every thing ac- 
cording to their own pleasure ; by their answer to the applications 
or petitions presented to them, (joe^ RESCRIPTA ad libellos ^) 
by their mandates and laws {per EDICTA et CONSTITUTIO- 
NES,) &c. Vespasian appears to have been the first who made 
use of these rescripts and edicts. They became more frequent un- 
der Hadrian : from which time, the decre-es of the senate, concern- 
ing private right, began to be more rare ; and at length under Ca- 
racalla were entirely discontinued. 

The constitutions of the Emperors about punishing or rewarding 
individuals, which were not to serve as precedents, were called 
PRIVILEGIA, (quasi privm leges,) A. Gell. x. 20. This word an- 
ciently used to be taken in a baa sense ; for a private law about in- 
flicting an extraordinary punishment on a certain person without a 
trial, Cic. de Legg. iii. 19. as the law of Clodius against Cicero. 
Cic. pro Dom. 17. which Cicero says was forbidden by the sacred 
laws, and those of the twelve tables. Leges privalis hominibus irro- 
gari : id est enim privilegium^ Ibid, etpro Sext, 30. 



THE EQUITES. 33 

The rights or advantages (beneficia) granted to a certain eondition 
or class of men, used also to be called Privilegia ; Plin. x. 56. 57. 
110. as the privileges of soldiers, parents, pupils, creditors, <fec. 

The various laws and decrees of the senate, whereby supreme 
power was conferred on Augustus, and which used to be repeated to 
succeeding Emperors upon their accession to the empire, {Tmn se- 
natus omnia, princifibus solita, Vespasiano decrevit, Tacit. Hist. 
iv. 3.) when taken together are called the Royal Law ; (LEX RE- 
GIA, vel LEX IMPERII, et AUGUSTUM PRIVILEGIUM :) 
probably in allusion to the law, by which supreme power was grant- 
ed to Romulus, Liv. xxxiv. 5. 

THE EQUiTES. 

The Equiles at first did not form a distinct order in the state. 
When Romulus divided the people into three tribes, he chose from 
each tribe 100 young men, the most distinguished for their rank, their 
wealth, and other accomplishments, who should serve on horseback, 
and whose assistance he might use for guarding his person. These 
300 horsemen were called CELERES, ('rax^'ts ^ttj Ta spya ad opera 
veloces, Dionys. ii, 13. vel a xsXt)^, eques desultorius ; vel a Celere, 
eorum proefecto, Festus ;) and divided into three centuries, which 
were distinguished by the same names with the three tribes ; name- 
ly, RAMNENSES, TATIENSES, and LUCERES. 

The number of the Equites w^as afterwards increased, first by Tul- 
lus Hostihus, who chose 300 from the Albans, decern {turmas : TUR^ 
MA, quasi terma dicta est, quod ter denis equitibus constaret, Varro 
et Festus) Liv. i. 30. then by Tarquinius Prisons, who doubled 
their number, (J^umero alterum tantum adjecit ;) retaining the num- 
ber and names of the centuries ; only those who were added, were 
called Ramnenses, Tatienses, Luceres, posteriorts. But as Livy says 
there were now 1800 in the three centuries, Tarquin seems to have 
more than doubled them, Liv, i. 36. 

Servius Tullius made eighteen centuries of Equites ; he chose 
twelve new centuries from the chief men of the state, and made six 
others out of the three instituted by Romulus. Ten thousand pounds 
of brass were given to each of them to purchase horses ; and a tax 
was laid on windows, who were exempt from other contributions, 
for maintaining their horses, iJv, i. 43. Hence the origin of the 
Equestrian order, which was of the greatest utility in the state, as 
an mtermediate bond between the patricians and [)!ebeians. 

At what particular time the Equites first began to be reckoned a 
distinct order, is uncertain. It seems to have been before the ex- 
pulsion of the kings, Liv. ii. 1. After this all those who served on 
horseback w^ere not properly called EQUITES or knights, but such 
only as were chosen into the equestrian order, usually by the cen- 
sor, and presented by iiim w^ith a horse at the public expense, and 
with a gold ring. 

The Equites were chosen promiscuously from the patricians and 



U ROMAN ANTIQUITIES. 

plebeians. Those descended from ancient families were called IL- 
LUSTRES, SPECIOSI, and SPLENDIDI. They were not limit- 
ed to any fixed number. The age requisite was about eighteen years, 
Dio, lii. 20. and the fortune {census,) at least towards the end of the 
republic, and under the Emperors, was 400 Sestertia, that is, about 
3229/. sterling, Horat. Ep. i. 1. 57. Plin. Ep. i. 19. According to 
some, every Roman citizen, whose entire fortune amounted to that 
sum, was every lustrum enrolled, of course, in the list of Equites, 
But that was not always the case, Liv. v. 7. A certain fortune 
seems to have been always requisite, Liv. iii. 27. 

The badges of Equites w^ere, 1. A horse given them by the pub- 
lic ; hence called legitimus, Ovid. Fast. iii. 130. 2. A golden 
ring, whence annulo aureo donari, for inter- equites legi. 3. Au- 
gustus Ciavus, or Tunica angusticlavia ; 4. A separate place at the 
public spectacles, according to the law made by L. Roscius Otho, a 
tribune of the people, A. U. 686, Dio. xxxvi. 25. Juvenal, iii. 159. 
xiv. 324. That the Equites should sit in 14 rows (in XIV. gradi- 
bus,) next to the Orchestra, where the senators sat ; whence Sede- 
RE IN QuATUORDEciM, or IN Equestribus, or Spectare in Equites, 
for Equitem esse, Suet. 

The office (MUNUS) of the Equites at first was only to serve in 
the army ; but afterwards also to act as judges or jurymen, {ut judi- 
carent,) and to farm the public revenues, (vectigalia conducere.) 
Judges were chosen from the senate till the year of the city 631, at 
which time, on account of the corruption of that order, the right of 
judging was transferred from theiyi to the equites, by the Sempro- 
nian law, made by C. Gracchus. It was again restored to the se- 
nate by Sylla ; but afterwards shared between the two orders. 

The Equites who farmed the revenues were divided into certain 
societies, and he who presided in such a society, was called MAGIS- 
TER SOCIETATIS, Oic. Fam. xlii. 9. These farmers (PUBLI- 
CANI) were held in such respect at Rome, that Cicero calls them 
Homines amplissimi, honestissimi, et ornatissinii ; pro lege ManiL 7.. 
Flos equitum Romanorum, ornamentum civitatif, Jirmamentum rei- 
publicce, pro Plancio, 9. But this was far from being the case in the 
provinces, where publicans were held in detestation, Ascon. in Cic, 
Verr. ii. 3. especially their servants and assistants. 

A great degree of splendour was added to the Equestrian order 
by a procession, (TRANS VECTiONE,) which they made through 
the city every year on the 15t]i day of Jul}^, {Idibus Quinctilihus,) 
Liv. ix. 46. from the temple of Honour, or of Mars, without the city^ 
to the Capitol, riding on horseback, with wreathes of oHve on their 
heads, drest in their Togce palmaice, or trabece, of a scarlet colour, 
and bearing in their hands the military ornaments, which they had 
received from their general, as a reward for their valour, Dionys. vi. 
13. Plin. XV. 4. s. 5. At this time it was not allowable to cite them 
before a court of justice ; such at least was the case under Angus- 
tus, Sutt. Aug. 38. 



. THE EQUITES. 35 

Every fifth year, when this procession was made, the Equites rode 
up to the Censor seated in his ciirule chair, before the Capitol, and 
dismounting, led along (traducebant) their horses in their hands 
before him, Cic, Cluent. 48. Quinctil. v. 11. 13. and in this manner 
they were reviewed, (RECOGNOSCEBANTUR.) 

If any Eques was corrupt in his morals, or had diminished his for- 
tune, or even had not taken proper care of his horse, Gell, iv. 20. 
the Censor ordered him to sell his horse, Liv. xxix. 37. and thus he 
Vi^as reckoned to be moved from the equestrian order ; hence ADI- 
MERE EQUUM, to degrade an Eques ; but those whom the Cen- 
sor approved, were ordered to lead along (traducere) their horses, 
Ovid. Trist.. ii. 89. 

At this time also the Censor read over a hst of the Equites, and 
such as were less culpable {qui minore culpa tenerentur) were degra- 
ded, (oRDiNE EQUESTRi MOTi SUNT,) Only by passing over their 
names in the recital, Smt. Cal. 16. We find it mentioned as a re- 
ward, that a person should not be obliged to serve in the army, nor 
to maintain a public horse, {ne inmtvs militaret, neve Censor ei quum 
publicum assignaret ;) but this exemption could be granted only by 
the people, Liv. xxxix. 19. 

The Egues whose name was first marked in the Censor's books, 
was called EQUESTRIS ORDINIS PRINCEPS, Plin. Ep. i. 14. 
or PRINCEPS JUVENTUTIS ; not that in reahty the Eguites 
were all young men, for many grew old in that order, as Maecenas 
and Atticus ; and we find the two Censors, Livius and J^ero, were 
Equites, Liv. xxix. 37. but because they had been generally so at 
their first institutions ; and among the Romans, men were called Ju- 
venes, till near fifty. Hence we find Julius Caesar called Adolescen- 
tulus, when he stood candidate for being high-priest, although he 
was then thirty-six years old, Sail. Cat. 49. And Cicero calls him- 
self .^ doles cens when he was Consul, Phil. ii. 5. Under the Empe- 
rors, the heirs of the empire were called Principes Juventutis, Suet. 
Calig. 15. vel. juveniim, Ovid. Pont. ii. 5- 41. We find this name 
also applied to the whole Equestrian order, Liv. xlii. 61. 

THE PLEBEIAN OR POPULAR ORDER. 

All the other Roman citizens, besides the Patricians and Equites, 
were called PLEBS or POPULUS. Populus sometimes compre- 
hends the whole nation; as, Clementia Romani Populi ; or all the 
people except the senate ; as, Senatus populusque Romanus. In 
which last sense plebs is often used ; as when we say, that the Con- 
suls were created from the Plebeians, that is, from those who were 
not Patricians. But plebs is usually put for the lowest common 
people ; hence, ad populum plebemque referre, Cic Fam. viii. 8. 
So Gell. x. 10. Thus Horace, Plebs eris, i. e. unus e ple.be, a ple- 
beian, not an Eques, Ep. i. 1. 59. who also uses plebs for the whole 
people, Od. iii. 14. 1. . 

The common people wholived in the countiy, and cultivated the 



36 ROMAN ANTIQUITIES', 

ground, were called PLEBS RUSTICA, Liv. xxxr. 1. Anciently 
the senators also did the same, Cic. dc Sen. 16. but not so in after 
times, Liv. iii. 26, The common people who lived in the city, 
merchants, mechanics, <fec. Cic. Off. i. 42. were called PLEBS 
URBANA, Sail. Cat. 37. Both are joined, Ih. Jug. 73. 

The Plebs rustic a was the most respectable, {optima et modes- 
tissimaf Cic. RuU. ii. 31. landatissima, 'PWn. xviii. 3.) The Plebs 
UREANA was composed of the poorer citizens, many of whom follow- 
ed no trade, but were supported by the public and private largesses, 
{eos publicum malum alehat ; Sallust. Cat. 37.) In the latter ages 
of the republic an immense quantity of corn was annually distributed 
among them at the public expense, five bushels monthly to each 
man, Sallust. fragm. edit. Cortii. p. 974. Their principal business 
was to attend on the tribunes and popular magistrates in their as- 
semblies ; hence they were called turba forensis, Liv. ix. 46. and 
from their venality and corruption, Oper^ conducts vel mercenarily 
in allusion to mercenary workmen, Cic. Sext. 17. & 27. Q.frair. ii. 
1. Ait. i. 13. Oper.e conouctorum. Sext. 50. multitudo conducta. 
Phil. i. 9. coNcioNES conducTve, Sext. 49. and 53. Concionalis 
HIRUDO cerarii, misera ac jejuna plebecula, Att. i. 16. Faex et sor- 
©is URBis. lb. 13. Urbana et perdiia Plebs, Jd. vii. 3. 

Cicero often opposes the populace, {populus, plebs, m^dtitudo^ 
tenuiores, &c.) to the principal nobility, (principes delecti, Optimates 
ei Opiimatium principes, honestly boni, locupletcs, ^c.) Cic. Sext. 48» 
68. &c. 

There were leading men among the populace, {duces multitudinum,) 
kept in pay by the seditious magistrates, who used for hire to stimu- 
late them to the most daring outrages, Sallust. Cat. i>0. Cic. Sext, 
37. 46. The turbulence of the common people of Rome, the natu- 
ral effect of idleness and unbounded licentiousness, is justly reckoned 
among the chief causes of the ruin of the republic. Trade and manu- 
factures being considered as servile employments, Sallust. Cat. 4. 
Dionys. ix. 25. they had no encouragement to industry ; and the 
numerous spectacles which were exhibited, particularly the shows of 
gladiators, served to increase their natural ferocity. Hence they 
were always ready to join in any conspiracy against the state, Sah 
lust. Cat. 37. 

OTHER DIVISIONS OF THE ROMAN PEOPLE. 

1. PATRONS AND CLIENTS ; NOBILES, NO VI, AND IG- 
NOBILES ; OPTIMATES AND POPULARES. 

That the patricians and plebeians might be connected together 
by the strictest bonds, Romulus ordained that every plebeian should 
choose from the patricians any one he pleased, as his PATRON or 
protector, whose CLIENT he was called, {cjuod eum colebat.) It 
was the part of the Patron to advise and to defend his Client, to 
assist him with his interest and substance ; in short, to do every 



PATRONS AND CLIENTS, &c. 87 

thing for him that a parent uses to do for his children. The Client 
was obliged to pay all kind of respect to his patron, and to serve him 
■with life and fortune in any extremity, Dionys. ii. 10. 

It was unlawful for Patrons and Clients to accuse or bear witness 
against each other ; and whoever was found to have acted other- 
wise, might be slain by any one with impunity, as a victim devoted 
to Pluto, and the infernal gods. Hence both Patrons and Clients vied 
with one another in fidelity and observance, and, for more than 600 
years, we find no dissentions betw^een them, Ibid. Virgil joins to the 
crime of beating one's parent that of defrauding a client, Mn. vi. 
605. It was esteemed highly honourable for a patrician to have nu- 
merous clients, both hereditary, and acquired by his own merit. 
Horat. Ep. ii. I. 103. Juvenal, x. 44. 

In after times, even cities and whole nations were under the pro- 
tection of illustrious Roman families ; as the Sicilians under the pa- 
tronage of the Marcelli, Cic. in Ccecil. 4. Verr. iii. 18. Cyprus and 
Cappadocia under that of Cato, Cic. Fam. xv. 4. the Allobroges un- 
der the patronage of the Fabii, Sallust. Cat. 41. The Bononienses, 
of the Antonii, Suet. Aug. 17. Lacedaemon, of the Claudii, Id. Tib, 6. 
Thus the people of Puteoli chose Cassius and the Bruti for their 
patrons, Cic. Phil. ii. 41. Capua chose Cicero, Cic. Pis. 11. Fam. 
xvi. 11. &c. This, however, seems to have taken place also at an 
early period, Liv. ix. 20. &:c. 

Those whose ancestors or themselves had borne any Curule ma- 
gistracy, that is, had been Consul, Praetor, Censor or Curule ^dile, 
were called NOBILES, and had the right of making images of them- 
selves, (JUS IMAGINUM,) which were kept with great care by 
their posterity, and carried before them at funerals, Plin. xxxv. 2. 

These images were nothing else but the busts or the effigies of 
persons down to the shoulders, made of ^ax and painted ; which 
they used to place in the courts of their houses, (atria,) enclosed in 
wooden cases, and which they seem not to have brought out except 
on solemn occasions, Polyb. vi. 51. There w^ere titles or inscriptions 
written below them, pointing out the honours they had enjoyed, and 
the exploits they had performed, {Juvenal. Sat. \m. 69. Plin. xxxv. 
2.) Hence imagines is often put for nobilitas, Sallust. Jug. 85. Liv. 
iii. 58. and ceroi for imagines, Ovid. Amor. i. 8. 65. Anciently this 
right of images was peculiar to the patricians ; but afterwards the 
plebeians also acquired it, when admitted to curule offices. 

Those who were the first of their family that had raised themselves 
to any curule office, were called homines NOVI, new men or upstarts. 
Hence Cicero calls himself Homo per se cognitus, in Cat. i. 11. 

Those who had no images of their own or of their ancestors, were 
called IGNOBILES. 

Those who favoured the interests of the senate, were called OP- 
TIMATES, Liv. ii. 39. and sometimes Proceres or Principes» 
Those who studied to gain the favour of the multitude, were called 
POPULARES, of whatever order they were, Cic. pro. Sext. 45» 



38 ROMAN ANTIQUITIES. 

This was a division of factions, and not of rank and dignity, Dionys. 
ix. i. The contests betwixt these two parties excited the greatest 
commotions in the state, which finally terminated in the extinction 
of liberty. 

II. GENTES and FAMILTiE ; NAMES of the Romans ; INGE- 
NUI and LIBERTINI, &c. 

The Romans were divided into various clans, (GENTES,) and 
each gens into several families, (in Familias y. Stirpes.) Thus in 
the Gens Cornelia were the families of the Scipiones, Lentnli, Ce- 
thegi, Dolabellije, Cinnce, SyllcB, <fec. Those of the same gens were 
called GENTILES, and those of the same family, AGNATI, Cic. 
Top. c. 6. Festus in Voce Gentilis. But relations by the father's 
side were also called Agnaii, to distinguish them from Cognati, rela- 
tions only by the mother's side. An Agnatus might also be called 
Cognatus, but not the contrary. Thus Patruus, the father's brother, 
was both an agnatus and cognatus ; but avunculus, the mother's 
brother, was only a cognatus, Digest. 

Anciently patricians were only said to have a ge7is,\AV. x. 8. 
Hence some patricians were said to be mnjorum gentium, and others 
minorum gentium, Cic. Fam. ix. 21. But when the plebeians ob- 
tained the right of intermarriage with the patricians, and access to 
the honours of the state, they likewise received the rights of gentes, 
(jura gentium, vel gentilia ;) which rights were then said to be con- 
founded by these innovations, Liv. iv. 1. &c. Hence, however, 
some gentes were patrician, and others plebeian ; and sometimes in 
the same gens there were some families of patrician rank and others 
of plebeian. Suet. Tib. 1. Hence also sine gente, for libertinus etnon 
generosus ignobly born, Horat, Sat. ii. 5. 15. 

To mark the different gentes and familice, and to distinguish the 
individuals of the same family, the Romans, at least the more noble 
of them, had commonly three names, the Prcenomen, Nomen, and 
Cos^nomen, Juvenal, v. 126. Quinctil. 3. 27. 

The PRtENOMEN was put fjrst, and marked the individual. It 
was commonly written with one letter ; as A. for Aulus ; C Caius ; 
D. Decimus ; K. Kceso ; L. Lucius ; M. Marcus ; jM\ Manius ; N. 
Numerius ; P. Publius ; Q. Quintus ; T. Titus ; sometimes with two 
letters ; as, Ap. Appius ; Cn. Cneius ; Sp. Spurius ; Ti, Tiberius , 
and sometimes with three ; as. Mam. Mamercus ; Ser. Servius ; Sex. 
Sextus, 

The NOMEN was put after the Prcenomen, and marked the gens, 
and commonly ended in ius ; as, Cornelius, Fabius, Tollius, Julius, 
Octavius, &LC. 

The COGNOMEN was put last, and marked the familia ; as, Ci^ 
cero, Ccesar, &c. Thus in Publius Cornelius Scipio, Publius is the 
Prcenomen ; Cornelius^ the Nomen ; and Scipio, the Cognomen, 

Some gentes seem to have had no surname ; as, the Marian : thus, 
C. Marius, Q. Sertorius, L* Mummius, Plutarch, in Mario. Gens 



GENTES, FAMILIiE, &c. 39 

2ind familia seem sometimes to be put the one for the other : thus, 
Fabia genSf Y.familia, Liv. ii. 49. 

Sometimes there was also a fourth name, called the AGNOMEN, 
or Cognomen, added for some illustrious action or remarkable event. 
Thus Scipio was named Jifrlcanus, from the conquest of Carthage 
and Africa. On a similar account, his brother Lucius Cornelius 
Scipio was named Asiaticus, So Quintus Fabius Maximus was call- 
ed Cunctalor, from his checking the impetuosity of Hannibal by de- 
clining battle. We find likewise a second Agnomen or Cognomen^ 
added ; thus, the latter Puhlius Cornelius Sapio Africanus is called 
Mmilianus, because he was the son of L. ^Emilius Paulus, and 
adopted by the son of the great Scipio, who had no children of his 
own. But he is commonly called by authors Africanus Minor, to 
distinguish him from the former Scipio Africanus. 

The Romans at first seem to have had but one name ; as Romulus^ 
Remus, &lc. : or two ; as, Numa Pompilius, Tutlus Hostilius, Ancus 
Martins, Tarquinius Priscus, Servius Tullius, Sextus Tarquinius. 
But when they were divided into tribes or clans and families, {in 
gentes etfamilias.) they began commonly to have three ; as, L. Ju- 
nius Brutus, M. Valerius Poplicola, &c. 

The three names, however, were not always used ; commonly 
two, and sometimes only one, namely, the surname. Sail. Cat. 17, 
Ctc. Epist. passim. But in speaking to any one, the prcenomen was 
generally used, as being pecuhar to citizens : for slaves had no ^rce- 
nomen. Hence, Gaudent prmnomine molles auriculce, Hor. Sat. ii. 
5.32. 

The surnames w-ere derived from various circumstances, either 
from some quality of the mind ; as Cato from wisdom, i. e. Catus, 
wise, Cic. de Sen. 2. <fcc. or from the habit of the body ; as Cahus, 
Crassus, Macer, &lc. Certain surnames sometimes gave occason to 
jests and w^itty allusions ; thus, Ashia, Hor. Ep. i. 13. 9. So Serra- 
nus Calatinus, Cic. pro Sext. 33, Hence also in a different sense, 
Virgil says, Vel te sulco, Serrano, sercntem, iEn. vi. 844 ; for Q. 
Cincinnatus was called Serranus, because the ambassadors from 
the senate found him soiving, when they brought him notice that he 
was made dictator, Plin. xviii. 3. 

The Pnenomen used to be given to boys, on the 9th day, which 
was called dies lustricus, or the day of purification, when certain re- 
ligious ceremonies were performed, Macrob. Sal. 1. 16. Suet Ner. 
6. The eldest son of the family usually got the Prcenomen of the 
father ; the rest were named from their uncles or other relations. 

When there was only one daughter in a family, she used to be 
called from the name of the gens / thus, Tullia, the daughter of Ci- 
cero ; Julia, the daughter of Cassar ; Octavia, the sister of x\ugustus, 
&c. and they retained the same name after they were married. 
When there were two daughters, the one was called Major and the 
other Minor ; thus, Cornelia Major, Cornelia Minor. If there were 
more than two, they were distinguished by their number ; thus, Pri^ 



40 ROMAN ANTIQUITIES. 

mo, Secunday Tertian Quarta, Quinta^ &c. Varro de Lat. Ling. Vul 
38. Suet. Jul. 50. Or more softly, TertUla, Quartilla, Qumtilla, 
&c. Cic. Att. xiv. 20. Women seem anciently to have also had 
pra3nomens, which were marked with inverted letters ; thus, q for 
Caia, q for Lucia, &c. 

During the flourishing state of the republic, the names of the 
gentes, and surnames of the familice always remained fixed and cer- 
tain. They were common to all the children of_a family, and des- 
cended to their posterity. But after the subversion of liberty, they 
were changed and confounded.* 

Those were called LIBERI, free, who had the power of doing 
what they pleased. Those who were born of parents who had been 
always free, were called INGENUI. Slaves made free were called 
, LIBERTI and LIBERTINI. They were called Liberti in relation 
to their masters, and Libertini in relation to free-born citizens ; thus, 
Libertus mens, libertus Cassaris, and not libertinus ; but libertinus ho- 
mo, i. e. non ingenuus. Servus cum manu 7nittitur,Jit libertinus, {non 
libertus,) Quinctil. 8. 3. 27. 

Some think that Libtrt'mi w^ere the sons of the Liberti, from Sue- 
tonius, Claud, 24. who says, that they were thus called anciently : 
so Isidor. ix. 4. but this distinction never occurs in the classics. On 
the contrary, we find both words applied to the same person in wri- 
ters who flourished in different ages. Plaut. Mel, Glor. iv. 1. 15. & 
16. Cic. in Verr. i. 47. Those whom Cicero, de Orat. i. 9. calls Li- 
bertini, Livy makes qui servitutem servissent, 45. 15. Hence Sene- 
ca often contrasts Servi et Liberi, Ingenui et Libertini, de Vit. Beat. 
24. Ep. 31. &c. 

SLAVES. 

Men became slaves among the Romans by being taken in war, by 
sale, by way of punishment, or by being born in a state of servitude, 
{Servi aut nascebantur mil fiebant.) 

1. Those enemies, who voluntarily laid down their arms, and sur- 
rendered themselves, retained their rights of freedom, and were call- 
ed DEDlTITil, Liv, vii. 31. C(£s, i. 27. But those taken in the 

* The first imposition of names was founded on different views, among different 
people : the most common was to mark the gt)od wishes of the parents. Hence Vic- 
tor, Faustiis, Frobus, &ic. Such names are by Cicero called bona lomina, and by Ta- 
citus fausta. The greatest part of names found in Homer are marks of distinction, 
given in honour of the qualities most esteemed in the heroic ages. Such were Tie- 
polemus, Anipldmadius, Eumedes, Patrodus, &c. Hence Camden takes it for grant- 
ed, that names in all nations and iangiiages are significative. The ancient Britons 
generally took their names from colours. Our Christian names are derived from 
various languages; 1st, from the Hebrew, as David, Sampson, Daniel: 2d. from the 
German, as Robert, William, Henry : 3d. from the Greek, as Peter, Andrew, George, 
&c. : from the Latin, as l ompey, Claudius, Lucius, &c. See Camden's Remains^ 
In Monasteries the Religious assume new names at their admittance. The Popes 
also changed their Jiaraes at their exaltation to the Pontificate. Towards the mid- 
dle of the 15th century, it was the fancy of the learned men of the age, particularly 
in Italy, to change their baptismal names for classical ones. For the origin and time 
of introduction of surnames, &e', see Encyclopedia Britanica. 



SLAVES. 41 

field, or in the storming ot cities, were sold by auction (sub corona^ 
as it was termed, Liv. v. 22. &c. because they v/ore a crown when 
sold ; or sub kasta, because a spear was set up where the crier or 
auctioneer stood.) They were called SERVI, (quod essent bello ser- 
vatij) Isidor. ix. 4. or MANCIPIA, {cmasi manu capti^) Varr. L. L. 
V. 8. 

2. There was a continual market for slaves at Rome. Those who 
dealt in that trade (MANGONES vel YENALITII, Cic. Oral. 70. 
qui venules habebant, Plaut. Trin. ii. 2. 51.) brought them thither 
from various countries. The seller was bound to promise for the 
soundness of his slaves, and not to conceal their faults, Horat. Sat, 
ii. 3. 285. Hence they were commonly exposed to sale (produce- 
haniur) naked ; and they carried a scroll {titulus vel inscripiio) hang- 
ing at their necks, on which their good and bad qualities were speci- 
fied, Gtll. iv. 2. If the seller gave a false account, Jie was bound to 
make up the loss, Cic. Off. iii. 16. & 17. or in some cases to take 
back the slave, Ibid. 23. Those whom the seller would not warrant, 
(proistare,) were sold with a kind of cap on their head, {pihati, 
GelL vii. 4) 

Those brought from beyond seas had their feet whitened with 
chalk, (crefatis v. gypsatis pedibus, Vim. Nat. Hist. xxxv. 17. & 18. 
s. 58. Tibull. ii. 3. 64.) and their ears bored, {auribus perf oralis,) 
JuvenaL i. 104. Sometimes slaves were sold on that condition, that 
if they did not please, they should be returned {redhibereniur) within 
a limited time, Cic. Off. iii. 24. Plant. Most. iii. 2. 113. Festus. Fo- 
reign slaves, when first brought to the city, were called VENALES, 
or Servi Novicii, Cic. pro Quinct. 6. Plin. Ep. i. 21. Quhictilian, 
h 12. 2. viii. 2. 8. Slaves v.'ho had served long, and hence were 
become artful, veteratorcs, Terent. Heaut. v. 1. 16. 

It was not lawful for free-born citizens among the Romans, as 
among other nations, to sell themselves for slaves. Much less was 
it allowed any other person to sell free men. But as this gave oc- 
casion to certain frauds, it was ordained by a decree of the senate, 
that those who allowed themselves to be sold for the sake of sharing 
the price, should remain in slavery. Fathers might, indeed, sell their 
children for slaves, but these did not on that account entirely lose 
the rights of citizens. For when freed from their slavery, they were 
held as Ingenui, not Libertini The same was the case with insol- 
vent debtors, who were given up as slaves to their creditors, (inser- 
vitutem creditoribus addicti,) Quinctilian. vi. 3. 26. v. 10. 60. 

3. Criminals were often reduced to slavery by way of punishment. 
Thus those w^ho had neglected to get themselves enrolled in the cen- 
sor's books, or refused to enlist, (gui censum aut miliiiam subterfuge- 
rant,) had their goods confiscated, and after being scourged, were 
sold beyond the Tiber, Cic. pro CcBcina^ 24. Those condemned to 
the mines, or to fight with wild beasts, or to any extreme punish- 
ment, were first deprived of liberty, and by a fiction of law, termed 
slayes of punish meut, {servi p^^nce fingehantur,) 

6 



42 ROMAN ANTIQUITIES. 

4. The children of any female slave became the slaves of her mas- 
ter. There was no regular marriage among slaves, but their con- 
nection was called CONTUBERNIUM, and themselves, Contuber- 
nales. Those slaves who were born in the house of their masters, 
were called VERNiE,or Vernaculi', hence lingua vernacvla,\-arts, 
one's mother tongue. These slaves were more petulant than others, 
because they were commonly more indulged, Horat. Sat. ii. 6. 66. 

The whole company of slaves in one house was called FAMILIA, 
J^ep. Att. 13. Cic. Paradox, v. 2. {Familia constat ex servis pluribus, 
Cic. Caecin. 19. Quindecim liberi homines, populus est ; totidem servi, 
familia: totidem vincli, ergastulnm, Apulei. Apol.) and the slaves, 
Familiares, Cic. pro Coel. 23. Plaut. Amphit. Prol. 127. Hence /«- 
milicB philosophorum, sects, Cic. Jin. iv. 18. Divin. ii. 1. Att. ii. 16. 
Sententia, quce familiam ducit, HonestUxM quod sit, id esse solum 
BONUM, the chief maxim of the Stoics, Id. Jin. ii. 16. Lucius fami- 
liam ducitf is the chief of the sect, fd. Phil. v. 11. Accedit etiam, quod 
familiam ducit, &lc. is the chief ground of praise, Fam. vii. 5. 

The proprietor of slaves was called Domii\us, Terent. Eun. iii. 2. 
23. whence Ihis word was put for a tyrant, Liv. ii. 60. On this ac- 
count Augustus refused the name, Suet. Aug. .53. So Tiberius, Id. 
27. Tacit. Annal. ii. 27. 

Slaves not only did all domestic services, but were likewise em- 
ployed in various trades and manufactures. Such as had a genius 
for it, were sometimes instructed in hterature and the liberal arts, 
(artibus ingenuis, Uberalibus v. honestis, Cic.) Horat. Ep. ii. 2. 7. 
Some of these were sold at a great price, Plin. vii. 39. s. 40. Senec* 
Ep. 27. Suet. Jul. 47. Cic. Rose. Com. 10. Hence arose a princi- 
pal part of the immense wealth of Crassus, Plutarch, in vita ejus. 

Slaves employed to accompany boys to and from school, were 
called P^DAGOGi ; and the part of the house where those young 
slaves staid, who were instructed in literature, {literce serviles, Se- 
nec. Ep. 88.) was called Fzedagogium, Plin. Ep. vii. 27. 

Slaves were promoted according to their behaviour : as from be- 
ing a drudge or mean slave in town, (Mediastinus,) to be an over- 
seer in the country, ( Villicus,) Horat. Ep. i. 1 4. 

The country farms of the wealthy Romans in later times were 
cultivated chiefly by slaves, Plin. xviii. 3. But there were also free 
men who wrought for hire, as among us, (MERCENARII,) Cic. Off. 
i. 13. pro Ccecin. 59. 

Among the Romans, masters had an absolute power over their 
slaves. They might scourge or put them to death at pleasure, Ju- 
venal. Sat. vi. 219. This right was exercised with so great cruelty, 
especially in the corrupt ages of the republic, that laws were made 
at different times to restrain it. The lash was the common punish- 
ment ; but for certain crimes they used to be branded in the fore- 
head, and sometimes were forced to carry a piece of wood round 
their necks, wherever they went, which was called FURCA ; and 
whoever had been subjected to this punishment, was ever afterwards 



called FURCIFER. A slave that had been often beaten, was called 
MASTIGIA, Ter, Adelph. v. 2. 6. or VERBERO, Id, Phorm. iv. 
4. 3. A slave wiio had been branded, was called STIGMATIAS, 
V. -icus, i. e. iiotis compunctus, Cic. Off. ii. 7. Inscriptus, Mart. viii. 
75. 9. Literatns, Plant. Cas. ii. 6. 49. (i. e. Uteris inscriptus : as, 
urna literula, Plaut. Rud. ii. 5. 21. ensiculus literatus, &c. Id. iv. 4. 
112.) Slaves also by way of punishment were often shut up in a 
work-house, or bridewell, (in ergastulo v. PISTRINO,) where they 
were obliged to turn a mill for grinding corn, Plaut. et Ter, passim, 
et Senec. dc Benef. iv. 37. 

Persons employed to apprehend and bring back (retrahere, Ter. 
Heaut, iv. 2. 65.) slaves who fled from their masters, (Tugitivj, 
Cic. Fam. v. 9.) were called Fugitivarii, Flor, iii. 19. 

When slaves were beaten, they used to be suspended with a weight 
tied to their feet, that they might not move them, Plaut. Asin. ii. 2. 
34. &c. AuL iv. 4. 16. Ter. Phorm. i. 4. 43. To deter slaves from 
otTending, a thong (haberid) or a lash made of leather, was commonly 
hung on the staircase, {in scalis,) Horat. Ep. ii. 2. 15. but this was 
chiefly applied to younger slaves, SchoUas. Ibid. Impuheres habena 
-Del ferula plectehantur, Ulpian. D. i. 33. de SC. Silan. Some here 
join in scalis with laiiiit, as Cic. in Mil. 15. Phil. ii. 9. 

Slaves when punished capitally were commonly crucified, Juvenal, 
vi. 219. Cic. in Verr. v. 3. 64. &:c, but this punishment was prohibit- 
ed under Constantioe. 

If a master of a family was slain at his own house, and the mur- 
derer not discovered, all his domestic slaves were liable to be put to 
death. Hence we find no less than 400 in one family punished on 
this account, Tacit. Ann. xiv. 43. 

Slaves were not esteemed as persons, but as things, and might be 
transferred from one ov^^ner to another, like any other effects. 

Slaves could not appear as witnesses in a court of justice, Ter. 
Phorm. ii. 1. 62. nor make a will, Plin. Ep. viii. 16. nor inherit any 
thing. Id. iv. 1 1 ; but gentle masters allowed them to make a kind of 
will, (quasi testamenta faccre,) PJin. Ep. viii. 16 ; nor could slaves 
serve as soldiers. Id. x. 39. unless first made free, Serv. in Virg. JEn. 
ix. 547 except in the time of Hannibal,' when, after the battle of 
Cannae, 8000 slaves were armed without being freed, Liv. xxii. 57. 
These were called VOLONES, because they enlisted voluntarily, 
Festus ; and afterwards obtained their freedom for their bravery, 
Liv. xxiv. 16. 

Slaves had a certain allowance granted them for their sustenance, 
(DIMENSUM,) commonly four or five pecks (moo?n) of grain a 
month, and five denarii, which was called their MENSTRUUM, 
Donat. in Ter. Phorm. i. 1. 9. Senec. Ep. 80. They likewise had a 
daily allowance, (DIAFJUM, Horat. Ep. i. 14. 40.) And what they 
spared of this, or procured by any other means with their master's 
consent, was called their PECULIUM. This money, with their 
master's permission, they laid out at interest, or purchased with it a 



44 ROMAN ANTIQUITIES. 

slave for themselves, from whose labours they might make profit. 
Such a slave was called Servi VICARIUS, Horat. Sat. ii. 7. 79. Cic, 
Verr. i. 36. Plant, Asin. ii. 4. 27. Martial ii. 18. 7. and constituted 
part of the pecuHum, with which also slaves sometimes purchased 
their freedom. Cicero sa3'3 that sober and industrious slaves, at 
least such as became slaves from being captives in war, seldom re- 
mained in servitude above six years, Phil. viii. 11. At certain times 
slaves were obliged to make presents to their masters out of their 
poor savings, (ex eo quod de dimenso sua uncAatim comparserint^) Te- 
rent. ibid. There was sometimes an agreement between the master 
and the slave, that when the slave should pay a certain sum, the mas- 
ter should be obliged to give him his liberty. Plant, Aul. v. 3. Casin. 
ii. 5. 6. <fec. Rud. IV. 2. 23. Tacit, xiv. 42. 

Although the state of slaves in point of right was the same, yet 
their condition in families was very different, according to the plea- 
sure of their masters, and their different employments. Some were 
treated with indulgence ; some served in chains, as janitors and 
door-keepers, {osliarii ^) and so in the country, caienati cnltores, 
Flor. iii. 19. Vincti f assorts, Lucan. vii. 402. others were confined 
in workhouses below ground, (m crgastnlis subterraneis.) So Pliny, 
Vincti pedeSf darnnalcs, raamis, ins crip tiqrie vidlus, arva exerccntf 
xviii. 3. 

At certain times slaves were allowed the greatest freedom : as at 
the feast of Saturn in the month of December, Horat. Sat. ii, 7. 4. 
when they w^ere nerved at table by their masters, Austin, de Fer. 
Rom. ii. \b. and on the Jdes of August, Fesius, 

The number of slaves in Rome and through Italy was immense, 
Juvenal, iii. 140. Some rich individuals are said to have had several 
thousands, Seneca, de Tranq. An. viii. Wars were sometimes excit- 
ed by an insurrection of the slaves, Flor. iii. 19. & 20. 

There were also public slaves, who were used for various public 
services, Liv. i. 7. and especial!}^ to attend on the magistrates. 
Their condition was much more tolerable than that of private slaves. 
They had yearly allowances (annua) granted them by the public, 
Plin. Epist.\. SO, 40. 

There were also persons attached to the soil, (ADSCRiPTiTn, vel 
glebcB adscripti :) concerning the state of whom, writers are not 
agreed. 

Slaves anciently bore the praenomen of their master ; thus, Mar- 
eiporeSf Lucipores, Publipines, (quasi Marci, Lucii, Publii pueri^ 6lc^ 
Quinctilian, i. 4. 26. Afterwards they got various nam.es, either 
from their country, or from other circumstances ; as Sy7'ns, Davus^ 
Getn^ Parmeno, &:c. in comic writers ; Tiro, Laurca, Dionysius, &c. 
in Cicero. But slaves are usually distinguished in the classics by 
their different employments ; as Medici, Chirurgi, Pcedagogi, Grant' 
matici, Scribce, Fabri, Coqui, &:c. 

Slaves were anciently freed in three way?, Ccnsu, Vindictafet 
Tesiamento, Cic. Topic. 2- seu 10- 



L Per CENSUM, when a slave, with his master's knowledge or 
bv his order, got his name inserted in the Censor's roll, Cic. Cacin, 
34. s. 99. 

2. Per VINDICTAM, when a master going with his slave in his 
hand to the prsetor, or Consul, and in the provinces^ to the Procon- 
sul or Propraetor, said, " 1 desire that this man be ^yqq according to 
the custom of the Romans ;'' Hunc homiaem liberum essh: volo 
MORE vel Jure Quiritium ; and the Prsetor, if he approved, putting 
a rod on the head of the slave, Horat, Sat. ii. 7. 76. pronounced, 
" I say that this man is free after the manner of the Romans."" 
Whereupon the lictor, or the master, turning him round in a circle, 
(which was called VERTIGO, Pers. Sat. v. 75.) and giving him a 
blow on the cheek, {aldpa, Isidor. ix. 4. whence, multo majoris ala- 
pa5 mecum veneunt^ Liberty is sold, &:c. Phcedr. ii. 5. 22.) let him 
go, (e manu emitlebat,) signifying that leave was granted him to go 
"where he pleased. The rod with which the slave was struck, was 
called VINDICTA, as some think, from Vindicius or Vindcx, a slave 
of the Fitellii, who informed the senate concerning the conspiracy 
of the sons of Brutus and others, to restore the Tarquins, and who 
is said to have been first freed in this manner, Liv. ii. 5. whence also 
perhaps Vindicare in Libertatem, to free. Mulier, modo quam vin- 
dicta redemit, a woman lately freed, Ovid. Art. Am. iii. 615. 

a Per TESTAMENTUM, when a master gave his slaves their 
liberty by his will. If this was done in express words, ( Verbis di- 
rectis,) as for example, Davus servu.s meus liber esto : such freed 
men were called ORCINI or CharonitcK, because they had no patron 
but in the infernal regions. In allusion to v/hich, those unworthy 
persons, who got admission into the senate after the death of Caesar, 
were by the vulgar called SENATORES ORCINI, Suet. Aug. 35. 
But if the Testator signified his desire by way of request, (verbis 
precativis^) thus,- Ruoo heredem meum, ut Davum manumittat ; 
the heir (hceres Jldiiciarins) retained the rights of patronage.* 

Liberty procured in a.ity of those methods was called Justa Li- 

BERTAS. 

In later times slaves used to be freed in various other ways ; by 

* Slavery, at a very early period after the Flood, prevailed, perhaps, in every 
region of the Globe, In Asia it is practised to this day. The savage nations of Af- 
rica have at no period been exemj:)ted from this opprobritmni of our nature. In Ger- 
many, and in other countries of Europe, slaves were generally attached to the soil, 
as in Russia and Poland, at the present day. They were generally employed in 
tending cattle, and in conducting the business of agriculture. Tacitus de moribus 
Gtrmanorum. Among the ancient Germans, according to the same author, it was 
not uncommon for an ardent gamester to stake his personal liberty on a throw of the 
dice. The latter species of slaves were alone considered as materials of commerce. 
In England, now so tenacious of the rights of man, a species of slavery, similar to 
that among the ancient Germans, subsisted, even to the end of the 16th century, as 
appear^ from a Commission issued by Queen Elizabetii in 1574. Colliers and salters 
were not totally emancipated from every vestige of slavery, till about the year 175t), 
Before that period the sons of colliers could follow no other business but that of their 
fathers ; nor could they seek employment in any other mines than in those t© 
whieh they were attached by birth. See Encyolop. Brit, 



46 KOMAN ANTIQUITIES. 

letter, {per epistolam ;) among friends, (inter amicos,) wiien before 
fiye witnesses a master ordered his slave to be free ; or by table, 
{per mensam,) if a master bid a slave eat at his table ; Plin. Epist. vii. 
16. for it w^as thought disgraceful to eat with slaves or mean persons, 
and benches {subsellia) were assigned them, not couches. Hence 
imi subsellii vir, a person of the lowest rank, Plaui. Stick, iii. 4. 32. 
There were many other methods of freeing slaves, but these did not 
confer complete freedom. They only discharged them from servi- 
tude, but did not entitle them to the privileges of citizens ; unless 
afterwards the vindicia was superadded, in presence of a magistrate, 
Plin. Ep. vii. 16. & 32. 

Anciently the condition of all freed slaves was the same ; they ob- 
tained the freedom of the city with their liberty, Oic. pro Balbo, 9. 
according to the institution of Servius Tuliius, Dionys. iv. 22. & 23. 
They were, however, distributed among the four city tribes, as being 
more ignoble, Liv. Epit. xx. But afterwards, when many worth- 
less and profligate persons, being freed by their masters, thus 
invaded the rights of citizens, various laws were made to check the 
license of manumitting slaves. No master was allowed to free by 
his will above a certain proportion of the number he had ; but not 
above 100, if he had even 20,000, which number some individuals 
are said to have possessed, Athen. Deipnosoph. vi. 20. Hence Se- 
neca speaks of vasta spatia terrarum perxincios colcnda ^ etfamilia 
bellicosis nalionibus major de Benef viii. 10. and Pliny, of legions of 
slaves, so that a master needed a person to tell him their names, {no- 
menclator,) xxxiii. 1. s. 6. So Petronius Arbiter, 37. & 117. Augus- 
tus ordained by law, called .^lia Serdia^ that no slave who had ever 
for the sake of a crime been bound, publicly whipt, tortured, or 
branded in the face, although freed by his master, should obtain the 
freedom of the city ; but should always remain in the state of the 
Dedititii, who were indeed free, but could riot aspire to the advan- 
tages of Roman citizens, Suet. Aug. 40. The reason of this law may 
be gathered from Dionys. iv. 24. 

Afterwards by the law called Junta J^orb ana, hecsiuse it was passed 
in the consulship of I.. Junius Norbanus, A. U. 771. those freed 
per epistolam, inter amicos, or by the other less solemn methods, did 
not obtain the rights of Roman citizens, bqt of the Latins, who w^ere 
transplanted into colonies. Hence they were called LATIN! JU- 
NIANI, or simply LATIN!, Plin. Ep. x. 105. 

Slaves when made free, used to shave their heads in the temple of 
Feronia, and received a cap or hat, as a badge of liberty, Serv. ad 
Virg. Mn. viii. 564. Liv. xlv. 44. Hence, Ad pile.um servum vocare, 
for ad libertatem, Liv. ibid. They also were presented with a white 
robe and a ring by their master. They then assumed a prcznomen, 
and prefixed the name of their patron to their own. Thus, Marcus 
Tuliius Tiro, the freedman of Cicero. In allusion to which, Persius 
says, Verterit hunc Dominus ; momento turbinis exit MARCUS Z)a- 
ma, Sat. v. 77. Hence Tanquam habeas tria nomina, for tanquam liber 



RIGHTS OF ROMAN CITIZENS. 47 

sis, Juvenal, v. 120. So foreigners, when admitted to the freedom 
of the city, assumed the name of that person, by whose favour they 
obtained it, Cic. Fam. xiii. 35. 36. 

Patrons retained various rights over their freedmen. If the pa- 
tron was reduced to poverty, the freedman was bound, in the same 
manner as a son, to support him, according to his abihties. And if 
a patron failed to support his freedman when poor, he was deprived 
of the rights of patronage. 

If a freedman died intestate, without heirs, the patron succeeded 
to his effects. 

Those freedmen who proved ungrateful to their patrons, were 
condemned to the mines [ad laulumias ',) and the Emperor Clau- 
dius, by a law, reduced them to their former slavery, {in servitutem 
revocavit,) Suet. Claud. 25. Libertum, qui probalus fuerit patrono 
delatores siimmisisse, qui de statu ejus facer ent ei qucBstionem, servum 
patroni essejussit, L. 5. Dig. de jure Patron. 

RIGHTS of ROMAN CITIZENS, and of the different Inhabitants 
of the ROMAN EMPIRE. 

While Rome was but small and thinly inhabited, whoever fixed 
their abode in the city or Roman territory, obtained the rights of 
citizens.' 

To increase the number of citizens, Romulus opened an asylum 
or sanctuary for fugitive slaves, insolvent debtors, and malefactors, 
whither great numbers flocked from the neighbouring states, Liv. i. 
8. because no one could be taken from thence to punishment, Id* 
XXXV. 51. Tac. Aiui. iii. 60. Even vanquished enemies were trans- 
planted to Rome, and became citizens. In this manner the freedom 
of the city was granted by Romulus to the Cceninenses, Cameriniy 
Antemnales, Crustumini, and at last also to the Sabines. The ex- 
ample was imitated by his successors, who transplanted the Albans 
and other vanquished tribes to Rome, Liv, i. 29. 33. Likewise 
after the expulsion of the kings, the freedom of the city was given 
to a great many, especially after the taking and burning of the city 
by the Gauls ; at which time, that it might be rebuilt with more 
splendour, new citizens were assumed from the Feientes, Capenates, 
and Falisci, Liv. vi. 4. 

Besides those who had settled in the Roman territory, and who 
were divided into city and country tribes, the freedom of the city 
was granted to several foreign towns, which were called MUNICI- 
PIA, and the inhabitants MUNICIPES, because they might enjoy 
offices at Rome, (munia v. ramtera capere poterant.) When any of 
these fixed their abode at Rome, they became Cives Ingenui, Cic, 
Brut. 75. de Le^g. ii. 2. Hence it happened, that the same person 
might enjoy the highest honours both at Rome, and in his own free 
town. Thus Milo, while he stood candidate for the Consulship at 
Rome, was Dictator in his own native city, Lanuvium, Cic. pro MiL 
37. The free town in which one was born was called patria ger- 



4S ROMAN ANTIQDITIES. 

MAT!iAf7iaturce \e\ locL Rome, ((/wa exceptus est^patria communis, 
civitatis \e\ juris. Cic. de I^egg. ii. 2. 

But when the Roman empire was more widely extended, and the 
dignity of a Roman citizen of course began to be more valued, the 
freedom of the city {jus civitatis) was more sparingly conferred, and 
in different degrees, according to the different merits of the allies 
towards the republic. To some the right of voting {jus suffragii) 
was given, and to others not. The people of Caere were the first 
who obtained the freedom of the city without the right of voting ; 
for having received the sacred things of the Roman people, the Ves- 
tal Virgins and priests, when they Hed from the Gauls, A. GtlL xvi. 
13. The freedom of the city was soon after ^iven in this manner to 
the people of Capua, Fundi, Formiee, Cuma3, and Sinuessa, Liv, 
viii. 14. to the inhabitants of Acerra, ibid. 17. and of Anagnia, &c. 

The inhabitants of Lanuvium, Aricia, Nomentum, Pedum, receiv- 
ed the freedom of the city, with the right of voting, Liv, viii. 14. 
and of Privernum. (Privernates,) c. 21. But several cities of the 
Hermci preferred their own laws, Liv. ix. 43. In process of time, 
this right was granted to all the allies of the Lafin name ; and after 
the social or Italian war, it was communicated to all the Italians 
south of the River Rubicon on the upper sea, and of the city Luca 
on the lower sea. Afterwards the same right was granted to Cisal- 
pine Gaul, which hence began to be called Gallia Togata. Augustus 
was very sparing in conferring the freedom of the city ; but the suc- 
ceeding Emperors were more liberal, and at different times granted 
it to different cities and nations. At last Caracalla granted the free- 
dom of Roman citizens to all the inhabitants of the Roman world. 

Those who did not enjoy the right of citizens were anciently call- 
ed HOSTES, and afterwards PEREGRINI, Cic. Off. I 12. After 
Rome had extended her empire, first over Latium, then over Italy, 
and lastly, over great part of the world, the rights which the subjects 
of that empire enjoyed, came to be divided into four kinds ; which 
may be called Jus Quiritium^ Jus Latiij Jus Italicum, Jus Provincial 
rum vel Provinciale. 

JUS QUIRITIUM comprehended all the rights of Roman citi- 
zens, which were different at different times. These rights were 
either private or public : the former were properly called Jus Qui" 
ritium, and the latter Jus Civitatis, Plin. Ep. x. 4. 6. 22. Cic. in 
Rull, ii. 19. as with us there is a distinction between denization and 
naturalization. 

1. PRIVATE RIGHTS of ROMAN CITIZENS. 

The private rights of Roman citizens were, 1. Jus Libertatis^ the 
right of liberty : 2. Jus Gentilitatis et FamilicB^ the right of family ; 
3. Jus Connubii, the right of marriage ; 4. Jus Patrium, the right of 
a father ; 5. Jus Dominii Legiiimi, the right of legal property ; 6. 
Jus Testamentl et Hmreditatis, the right of making a will, and of suc- 
ceeding to an inheritance ; and 7. Jus Tutelm^ the right of tutelage 
or wardship. 



RIGHTS OF ROMAN CITIZENS. 49 

1. r/ie RIGHT 0/ LIBERTY. 

This comprehended FREEDOM, not only from the power of 
masters, {dominorum), but also from the dominion of tyrants, the 
severity of magistrates, the cruelty of creditors, and the insolence 
of more powerful citizens. 

After the expulsion of Tarquin, a law was made by Brutus, that 
no one should be king at Rome ; and that whoever should form a 
design of making himself king, might be slain with impunity. At the 
same time the people were bound by an oath, that they would ne- 
ver suffer a king to be created. 

Roman citizens were secured against the tyrannical treatment of 
magistrates, first, by the right of appeahng from them to the people, 
and that the person who appealed should in no manner be punished, 
till the people determined the matter ; but chiefly, by the assistance 
of the tribunes. 

None but the whole Roman people in the Comitia Centuriatay 
could pass sentence on the life of a Roman Citizen. No magistrate 
was allowed to punish him by stripes or capitally. The single ex- 
pression, "1 AM A Roman Citizen," checked their severest de- 
crees, Cic. in Verr. v. 54. & 57. &c. Hence, QUIRITARE dici- 
iur, qui Quiritium fidem damans implorat. Varro de Lat. Ling, v, 
7. Cic. ad Fam. x. 32. Liv. xxix. 8. Acts xxii. 25. 

By the laws of the twelve tables it was ordained, that insolvent 
debtors should be given up (addicerentur) to their creditors to be 
bound in fetters and cords, {compedibus et nervis,) whence they were 
called NEXI, OBiERATI, et ADDICTI. And although they did 
not entirely lose the rights of freemen, yet they were in actual slave- 
ry, and often treated more harshly than even slaves themselves, 
IAv. ii. 23. 

If any one was indebted to several persons, and could not find 
•a cautioner {vindex vel expromissor) within sixty days, his body (cor^ 
pus) literally, according to some, but more probably, according to 
others, his efifects, might be cut into pieces, (secari,) and dirided 
among his creditors, A. Gell. xx. 1. Thus sectio is put for the pur- 
chase of the whole booty of any place, or of the whole eflfects of a 
proscribed or condemned person, Cic. Phil. ii. 26. or for the booty 
or goods themselves. Co&s. de Bell. Gall. ii. 33. Cic. Inv. i. 45. and 
sectores for the purchasers, Ascon, in Cic. Verr. i. 23. because they 
made profit by selling them in parts ; (a seco.) Hence Sectores col- 
lorum et bonorum, i. e. qui proscriptos occidebant et bona eorum eme- 
hant, Cic. Rose. Am. 29. 

To check the cruelty of usurers, a law was made, A. U. 429, 
whereby it was provided, that no debtors should be kept in irons or 
bonds ; that the goods of the debtor, not his person, should be given 
up to his creditors, Liv. viii. 28. 

But the people, not satisfied with this, as it did not free them from 
prison, often afterwards demanded an entire abolition of debts, which 

7 



58 ROMAN ANTIQUITIES. 

they used to call NEW TABLES. But this was never granted them. 
At one time, indeed, by a law passed by Valerius Flaccus, silver 
was paid with brass, as it is expressed, Sallust. Cat. 33. that is, the 
fourth part of the debt only was paid, Veil. ii. 23. an as for a ses- 
tertius, and a ststertius for a denarius ^ or 25 for 100, and 250 for 
1000. Julius Caesar, after his victory in the civil war, enacted 
something of the same kind, Cces. Bell. Civ. iii. 1. Suet. Jul. 14. 

2. The RIGHT 0/ FAMILY. 

Each gens and each family had certain sacred rites, peculiar to 
itself, which went by inheritance in the same mammer as effects, 
Liv. iv. 2. When heirs by the father's side of the same family (ag- 
nati) failed, those of the same geris (gentiles) succeeded, in prefer- 
ence to relations by the mother's side {co^nati) of the same family 
(familia). No one could pass from a Patrician family to a Plebeian, 
or from a Plebeian to a Patrician, unless by that form of adoption, 
which could only be made at the Cornitia Curiata. Thus Clodius, 
the enemy of Cicero, was adopted by a Plebeian, that he might be 
created a tribune of the commons, Cic. Dam. 15. Att/\. 18. & 19. 

3, The RIGHT o/ MARRIAGE. 

No Roman citizen was permitted to marry a slave, a barbarian, 
or a foreigner, unless by the permission of the people ; as Liv, 
xxxviii. 36. CONNUBIUM est matrimonium inter cives ; inter ser- 
vos autem, ant inter civium et peregrincB conditionis hominem, aut ser- 
vilis, non est Connubium, sed CONTUBERNIUM, Boeth. in Cic. 
Top. 4. By the laws of the Decemviri, intermarriages between the 
Patricians and Plebeians were prohibited. But this restriction was 
soon abolished, Liv. iv. 6. Afterwards, however, when a Patrician 
lady married a Plebeian, she was said Patrihus enuhere, and was ex- 
cluded from the sacred rights of Patrician ladies, Liv. x. 23. When 
any woman married out of her clan, it was called Gentis envptio ; 
which likewise seems anciently to have been forbidden. Liv. xxxix. 
19. The different kinds of marriage, &c. will be treated of after- 
wards. 

4. TAe RIGHT o/c^ FATHER. 

A FATHER, among the Romans, had the power of life and death 
over his children. He could not only expose them when infants ; 
which cruel custom prevailed at Rome for many ages, as among 
other nations, Cic. de Legg, iii. 8. Ter. Heaut. iv. 1. Suet. Octav. 65. 
Calig. 5. Tacit. Hist. iv. 5. Senec. de Ben. iii. 13. &c. and a new- 
born infant was not held legitimate, unless the father, or in his ab- 
sence some persons for him, lifted it from the ground, (terra levdsset,) 
and placed it on his bosom : hence tollere Jilium, to educate ; non toU 
lere, to expose. But even when his children were grown up, he 
might imprison, scourge, send them bound to work in the country, 
and also put them to death by any punishment he pleased, if they 



RIGHTS OF ROMAN CITIZENS. 51 

deserved it, Sail. Cat. 39. Liv. ii. 41. viii. 7. Dionys. viii. 79. 
Hence a father is called a domestic judge, or magistrate, by Seneca ; 
and a censor- of his son, by Sueton. Claud. 16. Romulus, however, 
at first permitted this right only in certain cases, Dionys, ii. 15. ix. 
22. 

A son could acquire no property but v^ith his father's consent ; 
and what he did thus acquire was called his PECULIUM, as that 
of a slave, Liv. ii. 41. If he acquired it in w^ar, it was called PE- 
CULIUM CASTRENSE. 

The condition of a son was in some respects harder than that of 
a slave. A slave when sold once, became free ; but a son not, un- 
less sold three times. The power of the father was suspended, 
when the son was promoted to any public office, but not extinguish- 
ed, Liv. ib. For it continued not only during the life of the children, 
but likewise extended to grandchildren, and great grandchildren. 
None of them became their own masters, [sui juris,) till the death 
of their father and grandfather. A daughter by marriage passed 
from the power of her father under that of her husband. 

EMANCIPATION awJ ADOPTION. 

When a father wished to free his son from his authority, (EMAN- 
CIPARE,) it behoved him to bring him before the Praetor, or some 
magistrate, {apud quern legis actio erat,) and there sell him three 
times, PER ^s et libram, as it was termed, to some friend, who 
was called Pater Fiduciarius, because he was bound after the 
third sale to sell him back [remancipare) to the natural father. There 
were besides present, a Libripens, who held a brazen balance ; five 
witnesses, Roman citizens, past the age of puberty ; and an antes- 
iatus, who is supposed to be so named, because he summoned the 
witnesses by touching the tip of their ears, Hor. Sat. i. 9. 76. In 
the presence of these, the natural father gave over (mancipabat, 
i. e. manu tradebat) his son to the purchaser, adding these words, 
Mamcupo TiBi nuNC FiLifjM, QUI MEus c^t. Then the purchaser, 
holding a brazen coin (sertertius,) said, Hung ego hominem ex 
Jure Quiritium meum esse aid, isque mihi emptus est hoc iERE, 
.^NEAQUE LIBRA I and haviug struck the balance with the coin, 
gave it to the natural father by way of price. Then he manumit- 
ted the son in the usual form. But as by the principles of the Ro- 
man law, a son, after being manumitted once and again, fell back 
into the power of his father ; the imaginary sale was thrice to be 
repeated, either on the same day, and before the same witnesses, 
or on different days, and before different witnesses ; and then the 
purchaser, instead of manumitting him, which would hav^ conferred 
a jus patronatus on himself, sold him back to the natural father, 
who immediately manumitted him by the same formalities as a 
slave, {Libra et cere liberatum emittebat, Liv. vi. 14.) Thus the 
son became his own master, {sui juris f actus est,) Liv. vii. 16. 

The custom of selling joer ces vel assem et libram, took its rise from 
this ; that the ancient Romans, when they had no coined money. 



52 ROMAN ANTIQUITIES. 

Liv, iv. 60. and afterwards, when they used asses of a pound weighty 
weighed their money, and did not count it. 

In emancipating a daughter, or grandchildren, the same formalities 
were used, but only once, {unica mancipatio sufficiebat ;) they were 
not thrice repeated, as in emancipating a son. But these formalities, 
hke others of the same kind, in process of time came to be thought 
troublesome. Athanasius, therefore, and Justinian, invented new 
modes of emancipation. Athanasius appointed, that it should be 
sufficient, if a father showed to a judge the rescript of the Emperor 
for emancipating his son ; and Justinian, that a father should go to 
any magistrate 'competent, and before him, with the consent of his 
son, signify, that he freed his son from his power, by saying, IIunc 
sui Juris esse patior, meaque manu mitto. 

When a man had no children of his own, lest his sacred rites and 
name should be lost, he might assume strangers (extraneos) as his 
children by adoption. 

If the person adopted was his own master, (sui juris,) it was call- 
ed ARROGATIO, because it was made at the Comilia Curiata, by 
proposing a bill to the people, {per populi rogationem,) Gell. v. 19. 

If he was the son of another, it was properly called ADOPTIO, 
and was performed before the Praetor or President of a province, or 
any other magistrate, {apud quern legis actio erat.) The same for- 
malities were used as in emancipation. It might be done in any 
place. Suet. Aug. 64. The adopted passed into the family, and 
name, and assumed the sacred rites of the adopter, and also suc- 
ceeded to his fortune. Cicero makes no distinction between these- 
two forms of adoption, but calls both by the general name of Adoption 

The RIGHT of PROPERTY. 

Things, with respect to property among the Romans, were va- 
riously divided. Some things were said to be of DIVINE RIGHT^ 
others of HUMAN RIGHT : the former were called sacred, (RES 
SACRiE ;) as, altars, temples, or any thing publicly consecrated to 
the gods by the authority of the pontiffs : or religious, (RELI- 
GIOSiE ;) as. Sepulchres, &c. : or inviolable (SANCT^, i. e. all- 
qua sanctione munitiE ;) as, the walls and gates of a city, Macrob^ 
Sat. iii. 3. 

These things were subject to the law of the pontiffs, and the pro- 
perty of them could not be transferred. Temples were rendered 
sacred by inauguration or dedication, that is, by being consecrated 
by the augurs, {consccrata inauguraiaque.) Whatever was legally 
consecrated, was ever after unapplicable to profane uses, Plin, Ep, 
ix. 39. X. 58. 59. 76. Temples were supposed to belong to the 
gods, and could not be the property of a private person. Things 
ceased to be sacred by being unhallowed, {exavguratione, Liv. i. 55.) 

Any place became religious by interring a dead body in it, 1. 6. 
§ 4. D. de divis. rei. 

Sepulchres were held religious because they were dedicated to the 



RIGHTS OF ROMAN CITIZENS. 53 

infernal gods, (Diis manihus vel inferis.) "Without the permission 
of the pontiffs, no sepulchre could be built or repaired ; nor could 
the property in them be transferred, but only the right of burying in 
them, (jus mortuum inferendi.) The walls of cities were also dedi- 
cated by certain solemn ceremonies, and therefore they were held 
inviolable, (sancti,) and could not be raised or repaired without the 
authority of the pontiffs. 

Things of human right were called Profane, (res PROFANJE ;) 
and were either PUBLIC and COMMON ; as, the air, running wa- 
ter, the sea, and its shores, &c. Virg. JEn. vii. 229. Cic. Rose. Am. 26. 
or PRIVATE, which might be the property of individuals. 

Some make a distinction between things common and public, but 
most writers do not. The things, of which a whole society or cor- 
poration had the property, and each individual the use, were called 
RES UNIVERSITATIS, or more properly, RES PUBLICiE, 
(quasi populicce, a populo, the property of the people ;) as, theatres, 
baths, highways, &c. And those things were called RES COM- 
MUNES, which either could be the property of no one, as the air, 
light, &c. Ovid. Met. i. 135. vi. 349. or which were the joint pro- 
perty of more than one ; as, a common wall, a common field, &c. 
Commune, a subst. is put for the commonwealth, Cic. Verr. ii. 4G^ 
63. &L 69. Horat. Od. ii. 15. 13. Hence, in commune consulere, pro* 
desse, conferre, metuere, &c. for the public good. 

Things which properly belonged to nobody, were called RES 
NULLiUS ; as, parts of the world not yet discovered, animals not 
claimed, &c. To this class was referred h(ereditas jacens, or an es- 
tate in the interval of time betwixt the demise of the last occupier 
and the entry of the successor. 

Things were either MOVEABLE or IMMOVEABLE. The 
moveable things of a farm were called Ruta Czesa, sc. et ; i. e. Eruta 
et Cizsa ; as, sand, coals, stones, &c. which were commonly expect- 
ed, (recepta,) or retained by the seller, Cic. Top. 26. Orat. ii. 55. 

Things were also divided into CORPOREAL, i. e. which might 
be touched, and INCORPOREAL ; as, rights, servitudes, &c. The 
former Cicero calls, Res quae sunt : the latter. Res gucB intelliguntur. 
Topic. 5. But others, perhaps more properly, call the former, RES, 
things : and the latter, JURA, rights ; Quinctilian. v. 10. 116. 

The division of things Horace briefly expresses thus : 

Fuit hcec sapientia quondam^ 
Publica privaiis secemere sacra profanis. 

de Art. Poet. 396. 
So Corn. Nepos. m vita Themist. 6, 

Private things (res PRIVATiE) among the Romans, were either 
RES MANCIPT, or NEC MANCIPL 

RES MANCIPI were those things which might be sold and alien- 
ated, or the property of them transferred from one person to an- 
other, by a certain rite used among Roman citizens only ; so that the 



54 ROMAN ANTIQUITIES. 

purchaser might take them as it were with his hand (manu capere.t ;) 
whence he was called MANCEPS, and the things rks MANCIPl, 
vel Mancupi, contracted for Mancipii. And it behoved the seller to 
be answerable for them to the purchaser, to* secure the possession 
{pcrlculum judicii, vel aucloritatem, vel evictionem prcestare, &.c.) 
Cic. pro Murena, 2. 

NEC MANCIPl res, were those things which could not be thus 
transferred : whence also the risk of the thing lay on the purchaser, 
Plant. Pers. iv. 3. 55. &c. Thus, mancipium and usus are distin- 
guished ; Vitague mancipio nulli datur, in property or perpetuity, 
omnibus iisu, Lucret. iii. 985. So mancipium and fructus, Cic. 
Epist. Fam. vii. 29. 30. 

The RES MANCIPl were, — 1. Farms, either in town or coun- 
try within Italy ; (Prccdia urbana et rustica in solo Italico ;) or in 
the provinces, if any city or place had obtained the jus Italicum, 
Other farms in the provinces were called possessiones, uoi prcedia ; 
and because proprietors gave in an account of their families and for- 
tunes to the censors, they were called Prmdia censui censendo, Cic. 
pro Flacc. 32. — 2. Slaves. — 3. Quadrupeds, trained to work with 
back or neck, (dorso vel cervice domiii ^) as, horses, oxen, asses, 
mules ; but not wilc^ beasts, although tamed ; as, elephants, camels, 
— 4. Pearls (margaritce,) Plin. ix. 35. s. 60. — 5. The rights of coun- 
try farms, called servitudes, (SERVITUTES,) Ulpian. 

The servitudes of farms in the country, were, — 1. The right of 
going on foot through the farm of another, (ITER;) — 2. Of driving 
a beast or wagon not loaded, (ACTUS ;) — 3. Of driving loaded 
wagons, (VIA ;)— 4. Of carrying water, (AQUEDUCTUS ;) either 
by canals or leaden pipes, {per canales v. fistulas plumbeas,) 
Vitruv. viii. 7. — The breadth of a via, when straight, was eight feet; 
at a turn, (in anfr actum v. inflexu^ sixteen feet ; the breadth of an 
actus, four feet ; but the breadth of an iter is uncertain. 

To these servitudes may be added, the drawing of water, (aqum 
haustus j) the driving of cattle to water, (pecoris ad aquam appulsus ;) 
the right of feeding ; of making hme, {calcis coquendce,) and of dig- 
ging sand.* 

Farms not liable to any servitude, were called PRtEDIA LIBE- 
RA, Optimo jure v. conditione optima: others, {qu(2 serviebant, servi- 
iutem debebant, vel servituti erant obnoxia,) were called PRiEDIA 
SERVA, Cic. in Hull. iii. 2. 

Buildings in the city were called PR^EDIA URBANA, and were 
reckoned res mancipi, only by accession {jure fundi ;) for all build- 
ings and lands were called FUNDI ; but usually buildings in the 
city were called JEdes ; in the country, Villce. A place in the city 
without buildings, was called AREA ; in the country, AGER. A 
field with buildings was properly called FUNDUS. 

* Most of these privileges, denominated by the Romans, Servilules, or Servitudinest 
may, and often are, reserved in the sale of property among ns. 



KiGHTS OF ROMAN CITIZENS. 55 

The servitudes of the Prcedia urhana were, — 1. Servitus ONE- 
RIS FERENDI, when one was bound to support the house of ano- 
ther by a pillar or wall ;— 2. Servitus TIGNI IMMITTENDI, when 
one was bound to allow a neighbour to drive a beam, a stone, or iron 
into his wall ; for lignum among lawyers signified all kinds of ma- 
terials for building. 

Anciently, for fear of fire, it was ordered that there should be an 
interstice left between houses of at least two feet and a half, which 
was called AMBITUS, {Festus,) oy ANGIPORTUS, vel-7im, and 
this was usually a thoroughfare, but sometimes not, Ter, Addph, iv. 
2. 39. For when Rome became crowded with houses, these inter- 
stices were only left between some houses. Nero, after the dread- 
ful fire which happened in his time, restored the ancient mode of 
building houses distinct from one another. Tacit. Ann, xv. 43. 

Houses, which were not joined by common walls with the neigh- 
bouring houses, were called INSULiE, Festus. Sometimes domus 
and insulce are distinguished. Suet. Mer. 16. & 38. where domus is 
supposed to signify the houses of the great, and insula those of the 
poorer citizens. But anciently this was not the case, rather the 
contrary ; as, Insula Clodii, Luculli, &:c. Cic, Under the emperors, 
any lodgings (hospitia) or houses to be let, {Mdes mercede locand(z, 
vel domus conductitice,) were called insulce^ and the inhabitants of 
them, Inguilini^ or Insularii ; which last name is also applied to those 
who were appointed to guard the genii of each insula. The pro- 
prietors of the insulce were called DOMINI insularum. Suet. Jul. 
41. Tib, 48. vel pRiEDioRUM, Phn, Ep. x. 44. 45. and their agents 
procuratores insularum. For want of room in the city, houses were 
commonly raised to a great height by stories, (contignationibus v. 
tabulatis,) which were occupied by different families, and at a great 
rent, Juvenal, iii. 166. The uppermost stories or garrets were 
called ccsnacula. He who rented, {mercede conducebal) an insula, 
or any part of it, was called inquilinus. Hence Catiline contempt- 
uously calls Cicero, Inquilinus civis urbis Romce, Sallust. Cat. 31. 

There was also,— 3. Servitus STILLICIDII ET FLUMINIS, 
whereby one was obliged to let the water, which fell from his house, 
into the garden or area of his neighbour ; or to receive the water, 
which fell from his neighbour's house, into his area. — 4. Servitus 
CLOACA, the right of conveying a private common sewer through 
the property of a neighbour, into the Cloaca Maxima, built by Tar- 
quin.— 5. Servitus NON ALTIUS TOLLENDI, whereby one 'was 
bound not to raise his house above a certain height ; so as not to ob- 
struct the prospects and lights of his neighbour. The height of 
houses was hmited by law, under Augustus to 70 feet, Strab. v. p. 
162. Suet. Aug. 89. Tacit. Ann. xv. 43. — There was also a servi- 
tude, that one should not make new windows in his wall ; Lumina 
UTi NUNC SUNT, iTA siNT, Cic. de Omt. i. 39. 

These servitudes of city properties, some annex to res mancipi, 
and some to res nee mancipi. 



56 ROMAN ANTIQUITIES. 

MODES of acquiring PROPERTY. 

The transferring of the property of the res mancipi, (ABALIE- 
NATIO, vel translatio dominii, v. proprietatis,) was made by a cer- 
tain act, called MANCIPATIO, or MANCIPIUM, (Cic. Off. iii. 
16. de Oral. i. 39.) in which the same formalities were observed as 
in emancipating a son, only that it was done but once. This Cicero 
calls traditio alteri nexu. Topic. 5. s. 28. thus, Dare mancipio, i. e. 
ex forma vel lege mancipii,io convey the property of a thing in that 
manner; accipere, to receive it, Plant. Cure. iv. 2. 8. Trin. ii. 4. 
19. Jurat, — se fore inancipii tempus in omne tui, devoted to you, 
Ovid. Pont. iv. 5. 39. Sui mancipii esse, to be one's own master, 
to be subject to the dominion of no one, Cic. ad Brut. 16. So man- 
cipare agrum alicui, to sell an estate to any one, Plin. Ep. vii. 18. 
emancipare fundos, to divest one's self of the property, and convey 
it to another, Id. x. 3. 

Cicero commonly uses mancipium and nexum or -us, as of the 
same import ; pro Muren. 2. pro Place. 32. Ccecin. 16. but some- 
times he distinguishes them ; as, de Harusp. 7. where mancipium 
implies complete property, and nexus only the right of obligation, 
as when one receives any thing by way of a pledge. Thus a cre- 
ditor had his insolvent debtor jure nexi, but noi jure mancipii, as he 
possessed his slave. 

There were various other modes of acquiring legal property ; as 
1. JURE CESSIO, or CESSIO IN JURE, Cic. Top. 5. when a 
person gave up his effects to any one before the praetor or president 
of a province, who adjudged them to the person who claimed them, 
(vindicanti addicebat ;) which chiefly took place in the case of debt- 
ors, who, when they were insolvent, gave up their goods {bona cede- 
bant) to their creditors. 

2. USUCAPTIO vel USUCAPIO, Cic. Coicin. 26. Legg. i.21. 
and also usiXs auctoritas, when one obtained the property of a thing, 
by possessing it for a certain time without interruption, according to 
the law of the twelve tables ; for two years, if it was a farm or im- 
moveable, and for one year if the thing was moveable ; Ut usus 
AUCTORITAS, i. c. jus dominii, quod usu paraiur, fundi biennium, 

C^TERARUM RERUM ANNUS USUS ESSET. PUu. Ep. V. i. But this 

took place only among citizens. For Ad vers us hostem, i. e. pere- 
grinum, jeterna auctoritas erat ; sc. alicnjus rei, Cic. Off. i. 12. 
i. e. res semper vindicari poterat a peregrino, et nunquam usu capi. 
Hence Cicero says, Nihil mortales a diis usucapere possunt. If there 
was any interruption in the possession, it was called USURPATIO, 
which, in country farms, seems to have been made by breaking off 
the shoot of a tree, (surculo defringendo,) Cic. de Orat. iii. 28. But 
afterwards a longer time was necessary to constitute prescription, 
especially in the provinces ; namely, ten years among those who 
were present, and twenty years among those who were absent. 
Sometimes a length of time was required beyond remembrance. 



RIGHTS OF ROMAN CITIZENS. 57 

This new method of acquiring property by possession, was called 
LONGA POSSESSIONE CAFIO, or LONGiE POSSESSIONIS 
PRtEROGATIVA, vel PR^ESCRIPTIO.* 

3. EMITIO SUB CORONA, i.e. purchasing captives in war, 
who were sold with chaplets on their heads. See p. 48. 

4 AUCTIO, whereby things were exposed to public sale, (has- 
tce, V. voci prceconis subjiciebantur,) when a spear being setup, and a 
public crier calling out the price, (prcecoiie pretium proclamante,) the 
magistrate who was present adjudged them (addicebat) to the high- 
est bidder, Cic, Phil. ii. 26. The person who bade, held up his fin- 
ger, (digitum ioUebat,) Cic. VeiT. i. 54. digito licilus est, iii. II. 

The custom of setting up a spear at an auction seems to have 
been derived from this, that at first only those things which were 
taken in war were sold in that manner. Hence hasta is put for a 
public sale, and sub hasta venire, to be publicly sold. 

The day, sometimes the hour, and the terms of the auction, used 
to be advertised, either by a common crier, {aprcecone prcedicari, v. 
conclamari,) Plaut. Men. v. 9. 94. or in writing, {tabula proscribi,) 
Cic. Ep. ad Fratr. ii. 6. Proscrihebatur, sc. {domu» seu quis emere, 
seu conducere vellet,) Plin. Ep. vii. 27. {Mdes venales inscribit li- 
teris,) Plant. Trin. i. 2. 131. Hence tabula is put for the auction 
itself, ib, — (Tabulum proscribere,) for auctionem consiituere ^ {proserin 
here domum v. fundum,) to advertise for sale, Cic, And those whose 
goods were thus advertised, were said pendere, Suet. Claud. 9. and 
also thei goods bona suspensa ; because the advertisement (libellus v. 
tabella) was aflixed to a pillar {pila v. cohimna,) in some public 
place, Senec. de Benef. iv. 12. So {tabulas auctionarias proferre v. 
tabulam,) to publish, Cic. Cat. ii. 8. Phil. ii. 29. {ad tabulam ades- 
se,) to be present at the sale, pro Quinct. 6. Thus also {sub titulum 
nostros misit avar lares, i. e. domum,) forced me to expose my house 
to sale, Ovid. Remed. Amor. 302. 

It behoved the auction to be made in public, Cic. lb. ^ contra 
Rull. i. 3, and there were courts in the Forum where auctions were 
made, (ATRIA AUCTIONARIA,) to which Juvenal is thought to 
allude. Sat. vii. 7. A money-broker {argentarius) was also present, 
who marked down what was bidden, and to whom the purchaser 
either paid down the price, or gave security for it, Cic. pro Ccecin. 
6. Quinctil. ix. 2. The sale was sometimes deferred, {auctio profe- 
rebatur,) Cic. ad Atticum; xiii. 12. 

The seller was called AUCTOR, and was said {venders auctio- 
nem,) Cic. pro Quinct. 5. in the same manner as a general, when he 
sold the whole plunder of a city, was said {vendere sectionem,) Cses. 
de Bell. Gall. ii. 33. The right of property conveyed lo the pur- 
chaser was called AUCTORITAS ; and if that right was not com- 

* The time necessary to acquire a prescriptive right to a real property, at this day, 
is different in different countries. In England, it is 60 years: in the different States 
of America it varies,. 20 or 25 years in sonae ; in others, 30, he. Ed. 



58 ROMAN ANTIQUITIES. 

plete, he was said {a malo auctore emere,) to buy from a person who 
had not a right to sell, Cic. in Verr. v. 22. Plant. Cure. iv. 2. 12. 

5. ADJUDICATIO, which properly took place only in three 
cases ; {infamilid, herciscundd vel ercto ciundo,) i. e. {hcereditate di- 
videnda,) in dividing an inheritance among co-heirs, Cic. Oral. i. 58, 
Ctiecin. 3. in commimi dividendo, in dividing a joint stock among 
partners, Cic. Ep. vii. 12. injinihus rcgundis, in settling boundaries 
among neighbours, Cic. Legg. i. 21. when the judge determined 
any thing to any of the heirs, partners, or neighbours, of which they 
got immediate property ; but arbiters were commonly appointed in 
settling bounds, Cic. Top. 10. Sometimes, however, things were 
said to be adjudged {adjudicari) to a person, which he obtained by 
the sentence of a judge from any cause whatever. 

6. DONATIO. Donations which were made for some cause, 
were called MUNERA ; as from a client or freed man to his patron, 
on occasion of a birth or marriage, Ter. Phorm. i. 1. 13. Things 
given without any obligation, were called DONA ; but these words 
are often confounded. 

At first presents were but rarely given among the Romans ; but 
afterwards, upon the increase of luxury, they became very frequent 
and costly. Clients and freedmen sent presents to their patrons, 
Plin. Ep. V. 14. slaves to their masters, citizens to the emperors and 
magistrates, friehds and relations to one another, and that on various 
occasions ; particularly on the Kalends of January, called STRE- 
NiE ; at the feasts of Saturn, and at public entertainments, APO- 
PHORETA ; to guests, XENIA ; on birth-days, at marriages, &c. 
Plin. <^ Martial, passim. 

Things acquired by any of the above-mentioned methods, or by 
inheritance, by adoption, {arrogatione,) or by law, as a legacy, &c. 
were said to be IN DOMINIO QUIRITARIO, i. e.justo et legiti- 
mo ; Other things were said to be IN BONIS, and the proprietors 
of them were called BONITARII, whose right was not so good as 
that of the DOMINI QUJRITARII, qui optimo jure possidere dice- 
banfur, who were secure against lawsuits. But Justinian abolished 
these distinctions. 

When a person had the use and enjoyment of a thing, but not the 
power or property of alienating, it was called USUSFRUCTUS, 
either in one word ; thus, Usumfructum omnium honorum suorum 
CcBsennicB legat, ut frueretur una cumjilioj Cic. Cjecin. 4. or in two ; 
as Usus enim ejus et fructus fundi testamento viri fuerat CcBsennice, 
lb. 7. and the person FRUCTUARIUS, or USUFRUCTUARI- 
US. 

6. The RIGHT of TESTAMENT and INHERITANCE. 

None but Roman citizens {sui juris) could make a will, or be 
witnesses to a testament, or inherit any thing by testament, Cic. pro 



RIGHTS OF ROMAN CITIZENS. 59 

Anciently testaments used to be made at the Comitia Curiataf 
which were in that case properly called Calata, Gell. xv. 27. 

The testament of a soldier just about to engage, was said to be 
made IN PROCINCTU, when in the camp, while he was girding 
himself, or preparing for battle, in presence of his fellow-soldiers, 
without writing, he named his heir, (nuncupavit,) Cic. de Nat. D. 
ii. 3. de Orat. i. 53. So in promxctu car mina facta, written by Ovid 
at TomoSf where he was in continual danger of an attack from the 
Getas, PonL i. 8. 10. 

But the usual method of making a will, after the laws of the twelve 
tables wei^ enacted, was PER ^ES ET LIBRAM, or per families 
emptionenif as it was called ; wherein before five witnesses, a libri- 
pens and an antestatus, the testator, by an imaginary sale, disposed 
of his family and fortunes to one who was called FAMILIiE EMP- 
TOR, who was not the heir, as some have thought. Suet. Mer. 4. 
but only admitted for the sake of form, {dicis causa,) that it might 
appear that the testator had alienated his effects in his hfe-time. 
This act was called FAMILIJi: MANCIPATIO ; which being 
finished in due form, the testator, holding the testament in his hand, 
said, H^c, uti in his tabulis cerisve scripta sunt, ita do ita le- 
go, ITA TESTOR, ITAQUE VOS, QuiRITES, TESTIMONIUM PR^BITOTE. 

Upon which, as was usual in like cases, he gently touched the tip 
of the ears of the witnesses ; (auricula tacta antestabatur, quod in 
ima aure memories locus erat. Plin. xi. 45.) this act was called 
NUNCUPATIO TESTAMENTI, Plin, Ep. viii. 13. Hence nun- 
cupare hceredem, for nominare, scribtre, ovfacere. Suet. & Plin. pas- 
sim. But sometimes this word signifies to name one's heir viva 
voce, without writing ; as Horace just before his death is said to 
have named Augustus. The above-mentioned formalities were not 
always observed, especially in later times. It was reckoned suffi- 
cient if one subscribed his will, or even named his heir viva voce, be- 
fore seven witnesses. Something similar to this seems to have pre- 
vailed anciently, Cic, Verr, i. 45. whence an edict about that mat- 
ter is called by Cicero, Vetus et Translatitium, as being usual, 
lb, 44. 

Sometimes the testator wrote his will wholly with his own hand, 
in which case it was called holographum. Sometimes it was writ- 
ten by a friend or by others, Plin. Epist, vi. 26. Thus the testament 
of Augustus was partly written by himself, and partly by two of his 
freedmen. Suet. Aug, 102. Lawyers were usually employed in wri- 
ting or drawing up wills, Cic, de Orat, ii. 6. Suet. Ner, 32. But it 
was ordained under Claudius, or Nero, that the writer of another's 
testament (called by lawyers testamentarius,) should not mark down 
any legacy for himself. Suet, J\Per. 17. When a testament was writ- 
ten by another, the testator wrote below, that he had dictated and 
read it over, (se id dictasse et recognovisse.) Testaments were 
usually written on tables covered with wax, because in theni a per- 
son could most easily erase what he wished to alter, Quinctilian. x» 



60 ROMAN ANTIQUITIES. 

3. 31. Hence Cer^ is put for iabulce ceratce or tabuloi testamentij 
Juvenal, i. 63. Prima cera, ^ot prima pars tabulce, the first part of 
the will, Horaf. Sat. ii. 5. 53. and cera extrema, or ima, for the last 
part. Cic. Verr. i. 36. Suet. Juvenal. 83. But testaments were called 
Tabulae, although written on paper or parchment, Uipian. 

Testaments were always subscribed by the testator, and usually 
by the witnesses, and sealed with their seals or rings, {signis eorum 
obsignabantur,) Cic. pro Cluent. 13. & 14. and also with the seals of 
others, Cic. Att. vii. 2. Suet. Tib. c. ult. Plin. Ep. ix. 1. They were 
likewise tied with a thread. Hence nee mea subjecta convicta est 
gemma tabella mendacem linis imposuisse notam, Nor is my ring, i. e. 
nor am I convicted of having affixed a false mark, or seal, to the 
thread on a forged deed or will, Ovid. Pont. ii. 9. 69. It was or- 
dained that the thread should be thrice drawn through holes, and 
sealed, Suet, Mr. 17. 

The testator might unseal {resignare) his will, if he wished to alter 
or revise it, {mutare vel recognoscere.) Sometimes he cancelled it 
altogether ; sometimes he only erased {iriducebat v. delebat) one or 
two names. 

Testaments, like all other civil deeds, were always written in Latin. 
A legacy expressed in Greek was not valid. Uipian. Fragm. xxv. 9. 

There used to be several copies of the same testament. Thus 
Tiberius made two copies of his will, the one written by himself, 
and the other by one of his freed mer\, Suet. Tib. c. ult. 

Testaments were deposited, either privately in the hands of a 
friend, or in a temple with the keeper of it, {apud Mdituum.) Thus 
Julius Csesar is said to have intrusted his testament to the eldest of 
the Vestal Virgins, Suet. Jul. 83. 

In the first part of a will, the heir or heirs were written thus : Ti- 
Tius MiHi H.ERES ESTo, sit V. erit ; or thus, Titium h^redem esse 
JuBEO, vel volo ; also, hceredemfacio, scribo, instituo. If there were 
several heirs, their different portions were marked. If a person had 
no children of his own, he assumed others, not only to inherit his 
fortune, but also to bear his name, (nomeu suum ferre,) as Julius 
Caesar did Augustus, {infamiliam nomenque adoptavit, adscivit, Suet. 
Assumpsit, Plin.) 

If the heir or heirs who were first appointed (instituti) did not 
choose to accept, [hcBreditatem adire, v. cernere nollent,) or died un- 
der the age of puberty, others were substituted in their room, call- 
ed HiEREDES SECUNDI ; secundo loco v. gradu scriptiv. substi- 
tutiy Cic. pro Cluent. 11. Horat. Sat. ii. 5. 45. Suet. Jul. 83. 

A corporate city (respublica) could neither inherit an estate nor re- 
ceive a legacy, Plin. Ep. v. 7. but this was afterwards changed. 

A man might disinherit {exhceredare) his own children, one or all 
of them, and appoint what other persons he pleased to be his heirs ; 
thus, TiTius FiLius meus exh^res ESTO, PHh. Ep. V. 1. Hence 
Juvenal. Sat. 10. Codice scevo hceredes vetat esse suos. Sometimes 
the cause (ELOGIUM, i. e. causa eajhceredationis)^ was added, Cic» 



^exGHTS OF ROMAN CITIZENS. 61 

pro Cluent. 48. Quinctilian. vii. 4. 40. decL 2. A testament of this 
kind was called INOFFICIOSUM, and when the children raised an 
action for rescinding it, it was said to be done per guerelam inotfi- 

CIOSI. 

Sometimes a man left his fortune in trust {Jidei committebat) to a 
friend on certain conditions, particularly that he should give it up 
ut restitueret v. redderet) to some person or persons. Whatever 
was left in this manner, whether the whole estate, or any one thing, 
as, a farm, &c. was called FIDP^ICOMMISSUM, a trust ; and a per- 
son to whom it was thus left, was called H^ERES FIDUCIARIU^, 
who might either be a citizen or a foreigner, 1. 8. § 4. D. de acceptii. 

A testament of this kind was expressed in the form of request or 
intreaty, {verbus precativis ;) thus, Rogo, peto, velo, mando, fidei 
TUJE coMMiTTo, Ter. And, ii. 5. and not by way of command, [ver- 
bis imperativis) as all testaments were, and might be written in any 
language. 

In the last part of the will, {in tabulis secundis,) tutors were ap- 
pointed for one's children, and legacies (legato) left to legatees, 
[legatariis,) all in direct and commanding words ; thus. Tutor es- 

TO, Vel TUTORES SUNTO I TUTOREM, V. -ES DO, Cic, Ep. xiii. 61; 

Plin. Ep. ii. 1. And to their protection the testator recommended 
his children, Ovid. Trist. iii. Eles[. 14. 

Legacies were left in four different ways, which lawyers have dis- 
tinguished by the following names,— 1. Per VINDICATIONEM ; 
thus, Do, LEGO ; also, Capito, sumito, v. habeto, to which Virgil 
alludes, jEn. v. 533. This form was so called from the mode of 
claiming property, Cic. pro Murcen. 12. — 2. per DAMNATIONEM: 
thus, HiERES, MEUs DAMNAS ESTO DARE, &c. Let my heir be bovnd, 
6lc. Quinctil. vii. 9. and so in the plural, damnas sunto. By this 
form the testator was said, damnare hceredem, to bind his heir. 
Hence damnare aliquem votis, Virgil, ^n. v. 80. Clvitas damnati 
voti, bound to perform, Liv. v. 25. But it was otherwise ex- 
pressed ; thus, H^lRES MEUS DATO, FACITO ; HiEREDEM MEUM 

DARE JUBEO. — 3. SINENDI modo : thus, H-5:res meus sinito, 

vel DAMNAS ESTO SINERE LuciUM TiTIUM SUMERE ILLAM REM, 

V. siBi HABERE.— 4. Per PRiECEPTIONEM ; thus, L. Titius 

ILLAM REM PR^CIPITO, E MEDIO, Vel E MEDIA H^REDITATE SUMITO, 

siBiQUE HABETO, vcl PrcBcipittt, &LC. whcu any thing was left to any 
person, which he was to get before the inheritance was divided, or 
when any thing particular was left to any one of the coheirs besides 
his own share, to which Virgil alludes, ^n. ix. 271. Hence pr^- 
ciPERE, to receive in preference to others ; and pr^ceptio, a cer- 
tain legacy to be paid out of the first part of the fortune of the de- 
ceased, Plin. Ep. V. 7. as certain creditors had a privilege to be pre- 
ferred to others (protopraxia, i. e. privilegium quo cceteris creditori- 
bus, praponantur,) Id. x. 109. 110. 

When additions were made to a will, they were called CODI- 
CILLI. They were expressed in the form of a letter, addressed to 



m ROMAN ANTIQUITIES. 

the heirs, sometimes also to trustees, (ad Jideicommissarios.) It be- 
hoved them, however, to be confirmed by the testament, Plin. Ep. 
ii. 16. 

After the death of the testator, his will was opened, Horat. Ep, 
i. 7. in presence of the witnesses who had sealed it, {coram signato- 
ribus,) or a majority of them, Suet. Tib. 23. And if they were ab- 
sent or dead, a copy of the will was taken in presence of other re- 
spectable persons, and the authentic testament was laid up in the 
public archives, that if the copy were lost another might be taken 
from it, {esset unde peti posset.) Horace ridicules a miser, who or- 
dered his heirs to inscribe on his tomb the sum he left. Sat. ii. 3. 84. 

It was esteemed honourable to be named in the testament of a 
friend or relation, and considered as a mark of disrespect to be 
passed over, Cic. pro Domo, 19. & 32. pro Sext. 52. Phil. ii. 16. 
Suet. Aug. 66. 

It was usually required by the testament, that the heir should en- 
ter upon the inheritance within a certain time, in 60 or 100 days 
at most, Cic. ad Alt. xiii. 46. de Orat. i. 22. Plin. Ep. x. 79. This 
act was called HiEREDITATIS CRETIO, {hcBres cum constituit se 
hceredem esse dicitur cernere, Varr. L. L. vi. 5.) and was perform- 
ed before witnesses in these words: Cum me M^vius h^kedem 

INSTITUERIT, EAM H^REDITATEM CERNO ADEOQUE. After Saying 

which, {dictis cretionis verbis,) the heir was said Hzereditatem adis- 
SE. But when this formality (Cretionis solemnitas) was not re- 
quired, one became heir by acting as such, {pro hoerede se gerendo, 
vel GfcSTioNE,) although he might also, if he chose, observe the so- 
lemn form. 

If the father or grandfather succeeded, they were called hceredes 
ASCENDENTES ; if, as was natural, the children or grandchildren, 
DESCENDENTES ; if brothers or sisters, COLLATERALES. 

If any one died without making a will, {intestatus,) his goods de- 
volved on his nearest relations ; first to his children ; failing them, to 
his nearest relations by the father's side, {agnatis,) and, failing them, 
to those of the same gens {gentilibus.) At Nice, the community 
claimed the estate of every citizen, who died intestate, Plin. x. 88. 

The inheritance was commonly divided into twelve parts, called 
uncia. The whole was called AS. Hence hcBres ex asse, heir to 
one's whole fortune ; hcercs ex semisse, ex triente, dodrante, &;c. to 
the half, third, three-fourths, &c. 

The UNCIA was also divided into parts ; the half, SEMUNCIA, 
the third, DUELLA, or bin(B sextulce, the fourth, SICILICUM v. 
'US, the sixth, SEXTULA, Cic. pro Ccecin. 6. 

The RIGHT of TUTELAGE or WARDSHIP. 

Any father of a family might leave whom he pleased as guardians 
{tutores) to his children, Liv. i. 34. But if he died intestate, this 
charge devolved by law on the nearest relation by the father's side. 
Hence it was called TUTELA LEGITIMA. This law is generally 



RIGHTS OF ROMAN CITIZENS. 63 

blamed, as in later times it gave occasion to many frauds in preju- 
dice of wards, {pupilli,) Horat. Sat. ii. 5. Juvenal. Sat. vi. 38. 

When there was no guardian by testament, nor a legal one, then 
a guardian was appointed to minors and to women, by the praetor, 
and the majority of the tribunes of the people by the Alilian law, 
made A. U. 443. But this law was afterwards changed. 

Among the ancient Romans women could not transact any pri- 
vate business of importance, without the concurrence of their pa- 
rents, husbands, or guardians, Liv. xxxiv. 2. Cic. Flncc. 34. & 35. 
and a husband at his death might appoint a guardian to his wife, as 
to his daughter, or leave her the choice of her own guardians, Liv, 
xxxix. 19. Wom'en, however, seem sometimes to have acted as 
guardians, Liv. xxxix. 9. 

If any guardian did not discharge his duty properly, or defrauded 
his pupil, there was an action against him, {judicium tutelce,) Cic. 
pro Q. Rose, 6. Orat. i. 36. Ca3cin. 3. 

Under the emperors guardians were obliged 1o give security (sa- 
tisddre,) for their proper conduct, (rem pupilli fore salvam,) Di- 
gest. A signal instance of punishment inflicted on a perfidious 
guardian is recorded, Suet. Galb. 9. 

II. PUBLIC RIGHTS o/ ROMAN CITIZENS. 

These were, Jus Census, MiliticB, Tribuiorum, Suffragii, Honorum, 
et Sacrorum. 

I. JUS CENSUS. The right of being enrolled in the censor's 
books. This will be treated of in another place. 

II. JUS MILITIiE. Thp right of serving in the army. At first 
none but citizens were enlisted, and not even those of the lowest 
class. But in after times, this was altered ; and under the emperors 
soldiers were taken, not only from Italy and the provinces, but also 
at last from barbarous nations, Zosim. iv. 30. & 31. 

III. JUS TRIBUTORUM. Tributum properly was a tax pub- 
licly imposed on the people, which was exacted from each indivi- 
dual through the tribes in proportion to the valuation of his estate, 
{pro portione census.) Money publicly exacted on any other ac- 
count, or in any other manner, was called VECTIGAL, Varro de 
Ling. Lai. iv. 36. But these words are not always distinguished. 

There were three kinds of tribute ; one imposed equally on each 
person, {in capita,) which took place under the first kings, Dionys. iv. 
43. another according to the valuation of their estate ; {ex censu,) 
Liv. i. 43. iv. 60. Dionys. iv. 8. 19. and a third, which was extra- 
ordinary, and demanded only in cases of necessity, and therefore de- 
pending on no rule, {temerarium.) Festus. It was in many instances 
also voluntary, Liv, xxvi. 36. and an account of it was taken. 



64 ROMAN ANTIQUITIES. 

that when the treasury was again enriched, it might be repaid, as' 
was done after the second Punic w^ar, Id. 

After the expulsion of the kings, the poor were for some time 
freed from the burden of taxes, until the year 349, when the senate 
decreed, that pay should be given from the treasury to the common 
soldiers in the army, who had hitherto served at their own expense ; 
whereupon all were forced to contribute annually according to 
their fortune for the pay of the soldiers, Liv. iv. 59. and 60. 

In the year of the city 586, annual tributes were remitted, on ac- 
count of the immense sums brought into the treasury by L. Paulus 
^milius, after the defeat of Perseus, Cic. Offic. ii. 22. and this im- 
munity from taxes continued, according to Plutarch, down to the 
consulship of Hirtius and Pansa. 

The other taxes (VECTIGALIA) were of three kinds, Portornim, 
DecumcB, and Scriptura, 

1. PORTORIUM was money paid at the port for goods import- 
ed and exported, the collectors of which were called PORTITO- 
RES ; or for carrying goods over a bridge, where every carriage 
paid a certain sum to the exacter of the toll. Digest. Vid. Ccbs. B, 
G. I. 18. et III. I. The portoria were remitted A. U. 692, the year 
in which Pompey triumphed over Mithridates, Dio. 37. 51. Cic. 
Att. ii. 16. but were afterwards imposed on foreign merchandise by 
Caesar, Suet. Jul. 43. 

2. DECUMiE, Tithes, were the tenth part of corn, and the fifth 
part of other fruits, which were exacted from those who tilled the 
public lands, either in Italy or without it. Those who farmed the 
tithes were called DECUMANl, and esteemed the most honourable 
of the publicans or farmers general, as agriculture was esteemed the 
most honourable way of making a fortune among the Romans, Cic. 
Verr. ii. 13. iii. 8. The ground from which tithes were paid was 
also called DECUMANUS, Cic. Verr. ii. 6. But these lands were 
all sold or distributed among the citizens at different times, and the 
land of C?pua the last, by Caesar, Suet. Jul. 2. Cic. Att. ii. 16. 

3. SCRIPTURA was the tax paid from public pastures and 
w^oods, so called, because those who wished to feed their cattle 
there, subscribed their names before the farmer of them, (coram pe- 
cuario vel scripturario,) Varro de Re Rustica, ii. 2. 16. and paid a 
certain sum for each beast ; Festus in Scripturarius Ager, as was 
likewise done in all the tithe-lands, (inagris decumanis,) Cic. Verr. 
iii. 52. Plant. True. i. 2. 44. 

All those taxes were let publicly by the censors at Rome, {loca- 
hantur sub hastd) Cic. Rull. 1. 3. Those who farmed them [redi- 
mebant v. conducehant) were called PUBLICANI or MANCIPES, 
Cic. pro DomOf 10. They also gave securities to the people, (Prje- 
DES,) and had partners who shared the profit and loss with them, 
(Soon.) 

There was a long tax upon salt. In the second year after the 



RIGHTS OF ROMAN CITIZENS. 65 

expulsion of Tarquin, it was ordained that salt should not be sold by 
private persons, but should be furnished at a lower rate by the pub- 
lic, Liv. ii. 9. A new tax was imposed on salt in the second Punic 
war, at the suggestion of tlie censors Claudius Nero and Livius, 
chiefly the latter, who hence got the surname of Salinator, Liv. xxix. 
37. But this tax was also dropped, although it is uncertain at what 
time. 

There was another tax, which continued longer, called VICESI- 
MA, i. e. the twentieth part of the value of any slave who was freed, 
Cic, An. ii. 16. It was imposed by a law of the people assembled 
by tribes, and confirmed by the senate. What was singular, the law 
was passed in the camp, Liv. vii. 16. The money raised from this 
tax {aurum vicesimarium) used to be kept for the last exigencies of 
the state, Liv. xxvii. 10. 

Various other taxes were invented by the emperors ; as the hun- 
dredth part of things to be sold^ {centesima, Tacit, i. 78.) the twenty- 
fifth of slaves, {vigesima quinta mancipiorum,) and the twentieth of 
inheritances, {vigesima hczreditatum,) by Augustus, Suet. Aug. 49. 
Dio. Iv. 25. a tax on eatables, {pro eduliis,) by Caligula, Suet. 40. 
and even on urine, by Vespasian, Suet. 23. &c. 

IV. JUS SUFFRAGII, the right of voting in the different as- 

semblies of the people. 

V. JUS HONORUM, the right of bearing public offices in the 
state. These were either priesthoods or magistracies, {sacerdoiia 
el magistratus,) which at first were conferred only on Patricians, but 
afterwards were all, except a few, shared with the Plebeians. 

VI. JUS SACRORUM. Sacred rites were either public or pri- 
vate. The public were those performed at the public expense ; the 
private were those which every one privately observed at home. 
The Vestal Virgins preserved the public hearth of the city : the 
curiones with their curiales kept the hearths of the thirty curiae ; the 
priests of each village kept the fires of each village {Pagorum.) 
And because upon the Dublic establishment of Christianity in the 
empire, when by the decrees of Constantine and his sons, the profane 
worship of the gods was prohibited in cities, and their temples shut, 
those who were attached to the old superstition fled to the country, 
and secretly performed their former sacred rites in the villages ; 
hence PAGANS came to be used for Pleathens, (savixo<, Gentiles^) 
or for those who w^ere not Christians ; as anciently among the Ro- 
mans, those were called PAGANI who were not soldiers, Juvenal. 
xvi. 32. Suet. Galh. 19. Plin. Ep. vii. 25. Thus, Pagani et Montani, 
are called Plebes Urbana by Cicero, because they were ranked among 
the city tribes, although they lived in the villages and mountains, »ro 
Domo. 28. 

Each gens had certain sacred rites peculiar to itself, {gentilitia, 
Liv. V, 52.) which they did not intermit even in the heat of a war, 



66 ROMAN ANTIQUITIES. 

Liv. V. 46. Every father of a family had his own household-god^, 
whom he worshipped privately at home. 

Those who came from the free towns, and settled at Rome, re- 
tained their municipal sacred rites, and the colonies retained the sa- 
cred rites of the Roman people. 

No new or foreign gods could be adopted by the Romans, unless 
by public authority. Thus iEsculapius was publicly sent for from 
Epidaurus, and Cybele from Phrygia, Liv. xxix. 11. & 12. Hence 
if any one had introduced foreign rites of himself, they were public- 
ly condemned by the senate, Liv. iv. 30. xxv. 1. xxxix. 16. But 
under the emperors all the superstitions of foreign nations were 
transferred to Rome ; as the sacred rites of Isis, Serapis and Anu- 
bis from Egypt, &c. 

It was a maxim among the Romans, that no one could be a citi- 
zen of Rome, who suffered himself to be made a citizen of any other 
city, Cic. pro Ccecin, 36. JSfepos in vita Attici, 3. which was not the 
case in Greece, Cic. pro Arch. 5. And no one could lose the free- 
dom of the city against his will, Cic. pro Dom. 29. & 30. joro Cczcin, 
33. If the rights of a citizen were taken from any one, either by 
way of punishment, or for any other cause, some fiction always took 
place. Thus when citizens were banished, they did not expel them 
by force, but their goods were confiscated, and themselves were for- 
bidden the use of fire and water, {iis igne et aqua inferdictum est,) 
which obliged them to repair to some foreign place. Augustus add- 
ed to this form of banishment what was called DEPORTATIO, 
whereby the condemned, being deprived of their rights and fortunes, 
were conveyed to a certain place, without leaving it to their own 
choice to go where they pleased. 

When any one was sent away to any place, without being de- 
prived of his rights and fortunes, it was called RELEGATIO, 
Thus Ovid, Trist. ii. 137. v. 11. 21. 

So captives in war did not properly lose the rights of citizens. 
Those rights were only suspended, and might be recovered, as it 
was called, jure postliminii, by the right of restoration or return, 
Cic. Top. 8, de Orat. i. 40. 

In like manner, if any foreigner, who had got the freedom of 
Rome, returned to his native city, and again became a citizen of it, 
he ceased to be a Roman citizen, Cic. pro Balb. 12. This was call- 
ed postliminium, with regard to his own country, and rejectio civiia- 
iis, with regard to Rome. 

Any loss of liberty, or of the rights of citizens, was called DIMI- 
NUTIO CAPITIS, Cic. pro Mil. 36. jus liberiatis imminutum, Sal- 
lust. Cat. 37. Hence Capitis minor, sc. ratione vel respectu, or ca- 
pita diminutus, lessened in his state, or degraded from the rank of a 
citizen, Horat. Od. iii. 5. 42. The loss of liberty, which included 
the loss of the city, and of one's family, was called diminutio capitis 
maxima ; banishment diminutio media ; any change of family mini' 
ma. Digest, ji. de capite minutis. 



JUS LATH. m 

JUS LATH. 

The jus LATII, or LATINITAS, Suet. Aug, 47. Cic, Alt. 
xiv. 12. was next to the jus civitaiis, 

Latium anciently (Latium Vetus) was bounded by the rivers Ti- 
ber, Anio, Ufens, and the Tuscan sea. It contained the Albans, 
Rutuli, and ^Equi. It was afterwards extended {Latium Kovum) to 
the River Liris, by Pliny called Glanis ; hence its modern name, 
Garrigliana ; and comprehended the Osci, Ausones, and Volsci, 
Plin, iii. 9. The inhabitants of Latium were called Latini Socii, 
NOMEN Latinum, et SOCII Latini NOMiNis, &c. SocU et Latinum 
Mmerif means the Italians and Latins. 

The JUS LATII was inferior to the jus civitatis, and superior to 
the jus Italicum ; but the precise difference is not ascertained. 

The Latins used their own laws, and were not subject to the edicts 
of the Roman praetor. They were permitted to adopt some of the 
Roman laws, if they chose it, and then they were called POPULI 
FUNDI, Cic. pro Balb. 8. If any state did not choose it, it was 
said EI LEGi V. de ea lege fundus fieri nolle, i. e. auctor, sub" 
scripior esse, v. earn probare et recipere, ib. 

The Latins were not enrolled at Rome, but in their own cities, Liv, 
xli. 9. They might be called to Rome to give their votes about any 
thing, Liv, xxv. 3. But then they were not included in a certain 
tribe, and used to cast lots to know in what tribe they should vote, 
ibid, and when the consuls chose, they ordered them, by a decree of 
the senate, to leave the city, Cic. Brut, 26. which, however, rarely 
happened, Cic, pro Sextio, 15. 

Such Latins as had borne a civil office in their own state, became 
citizens of Rome, Appian. de Bell. Civ. ii. p. 443. but could not 
enjoy honours before the lex Julia was made, Liv. viii. 4. xxiii. 22. 
by which law, the right of voting and ofenjoying honours was grant- 
ed to those who had continued faithful to Rome in the Social war, 
A. U. 663 ; which the Latins had done. The distinction, however, 
betwixt the^M^ Latii and the jus civitatis, and the same mode of ac- 
quiring the full right of citizenship, (per Latium in civitatum vinieti- 
di,) was still retained, Plin. Paneg. 37. & 38. Strab. iv. p. 186. f. 

The Latins at first were not allowed the use of arms for their own 
defence, without the order of the people, Liv. ii. 30. iii. 19. but af- 
terwards they served as allies in the Roman army, and indeed con- 
stituted the principal parts of its strength. They sometimes furnish- 
ed two-thirds of the cavalry, and also of the infantry, Liv. iii. 22. 
xxi. 17. et alibi passim. But they were not embodied in the legions, 
and were treated with more severity than Roman citizens, being 
punished with stripes, from which citizens were exempted by the 
Porcian law, Sallust. Jug. 69. 

The Latins had certain sacred rites in common with Roman citi- 
zens : as the sacred rites of Diana at Rome, (instituted by Servius 
Tullius, Liv. i. 45.. in imitation of the Amphictyones at Delphi, and 



68 ROMAN ANTIQUITIES. 

of the Grecian states in Asia in the temple of Diana at Ephesus, 
Dionys. iv. 26.) and the Latin holy days kept with great solemnity 
on the Alban mountain ; first for one day, the 27th April, and after- 
wards for several days. The Romans always presided at the sacri- 
fices, Liv. xxi. c. ult. XX. 1. Dionys. iv. 49. Besides these, the La- 
tins had certain sacred rites, and deities peculiar to themselves, 
which they worshipped ; as Feronia at Terracina, Jupiter at Lanu- 
vium, Liv. xxxii. 9. 

They had also solemn assemblies in the grove of Ferentina, Liv, 
i. 50. which appear in ancient times to have been employed for poli- 
tical as well as religious purposes. From this convention all those 
were excluded who did not enjoy the jus Latii. 

JUS ITALICUM. 

All the country between the Tuscan and Adriatic seas, to the ri- 
vers Rubicon and Macra, except Latium, was called Italy. The 
states of Italy being subdued by the Romans in different wars, were 
received into alliance on different conditions. In many respects they 
were in the same state with the Latins. They enjoyed their own 
laws and magistrates, and were not subject to the Roman Praetor. 
They were taxed {censi) in their own cities, and furnished a certain 
number of soldiers according to treaty. But they had no access 
to the freedom of Rome, and no participation of sacred rites. 

After the second Punic war, several of the Itahan states, for having 
revolted to Hannibal, were reduced to a harder condition by the Dic- 
tator Sulpicius Galba, A. U. 550 ; especially the Bruttii, Picentiniy 
and Lncani, who were no longer treated as allies, and did not fur- 
nish soldiers, but public slaves, A. Gell, x. 3. Capua, which a little 
before had been taken, lost its public buildings and territory, Liv. 
xxvi. 16. But after a long and violent struggle in the Social, or 
Marsic war, all the Italians obtained the right of voting and of en- 
joying honours by the Julian, and other laws. Sulla abridged these 
privileges to those who had favoured the opposite party ; but this 
was of short continuance, Cic. pro Domo, 30. Augustus made va- 
rious changes. He ordered the votes of the Italians to be taken at 
home, and sent to Rome at the day of the comitia. Suet. Aug. 46. 
He also granted them an exemption from furnishing soldiers, Hero- 
dian. ii. 11. 

The distinction o^ the jus Latii and Italicum, however, still conti- 
nued ; and these rights were granted to various cities and states out 
of Italy, Plin. iii. 3. 4. In consequence of which, farms in those 
places were said to be IN SOLO ITALICO, as well as those in Ita- 
iy, and were called PRiEDTA CENSUI CENSENDO, {quod in 
censum refer ri poterant, utpote res mancipi, quce. venire emique pote- 
rantjure.civili,) Cic. pro Flacc. 32. and said to be in corpore census, 
i. e. to constitute part of that estate, according to the valuation of 
which in the censor's books every one paid taxes, Juvenal, xvi. 53. 
Dio, 38. L 



PROVINCES. V 69 

PROVINCES. 

Those countries were called Provinces, which the Roman people 
having conquered by arms, or reduced any other way under their 
power, subjected to be governed by magistrates sent from Rome, 
(quod eas provicit, i. e. auH vicil, Festus.) The senate having re- 
ceived letters concerning the reduction of any country, consulted 
what laws they thought proper should be prescribed to the conquer- 
ed, and sent commonly ten ambassadors, with whose concurrence 
the general, who had gained the conquest, might settle every thing, 
Liv, xlv. 17. & 18. 

These laws were called the FORM or formula of the province. 
Whatever the general, with the advice of the ten ambassadors, de- 
termined, used to be pronounced pubhcly by him before an assem- 
bly, after silence was made by a herald, Liv. xlv. 29. Cic. in Verr, 
ii. 13. Hence, In formulam sociorum referri^ to be enrolled among, 
Liv. xliv. 16. Urbem formulce sui juris facere, to hold in depend- 
ence or subjection, xxxviii. 9. In antiqui formulam juris restitui^ 
to be brought into their former state of dependence on, &c. xxxii. 
33. So xxiv. 26. 

The first country, which the Romans reduced into the form of a 
province, was Sicily, Cic. Verr. ii. 1. 

The condition of all the provinces was not the same, nor of all 
the cities in the same province, but different, according to their 
merits towards the Roman people ; as they had either spontaneous- 
ly surrendered, or made a long and obstinate resistance. Some 
were allowed the use of their own laws, and to choose their own 
magistrates ; others were not. Some also were deprived of part of 
their territory. 

Into each province was sent a Roman governor, (PRiESES,) 
Ovid. Pont. iv. 7. 3. to command the troops in it, and to administer 
justice ; together with a qugestor, to take care of the pubhc money 
and taxes, and to keep an account of what was received and expend- 
ed in the province. The provinces were grievously oppressed with 
taxes. The Romans imposed on the vanquished, either an annual 
tribute, which was called CENSUS CAPITIS, or deprived them 
of part of their grounds ; and either sent planters thither from the 
city, or restored them to the vanquished, on condition that they 
should give a certain part of the produce to the republic, which 
was called CENSUS SOLI, Cic. in Verr. iii. 6. v. 5. The former, 
i. e. those who paid their taxes in money, were called STIPENDS 
ARII, or Tributarii, as Gallia comata, Suet. Jul. 15. The latter, 
VECTIGALES ; who are thought to have been in a better condi- 
tion than the former. But these words are sometimes confounded. 

The sum which the Romans annually received from the stipen- 
diary states was always the same ; but the revenues of the vecligales 
depended on the uncertain produce of the tithes, of the taxes on the 
public pastures, (scriptura,) and on goods imported and exported. 



76 ROMAN ANTIQUITIES. 

(porforium.) Sometimes, instead of the tenth part, if the province 
was less fertile, the twentieth only was exacted, as from the Span- 
iards, Liv. xliii. 2. Sometimes, in cases of necessity, an additional 
tenth part was exacted above what was due : but then money was 
paid for it to the husbandmen, Cic. Ferr. iii. 31. Whence it was 
called frumentum emptum, also decumanum, or imperatum, Liv. xxxvi. 
2. xxxvii. 2. & 50. xlii. 31. 

Asconius, in his commentary on Cicero, Ve%r, ii. 2. mentions 
three kinds of payment made by the provincials ; the regular or 
usual tax, a voluntary contribution or benevolence, and an extraor- 
dinary exaction or demand ; [Omne genus pensitationis in hoc capiie 
positum est, CAT^OMS, quod deberetur ^ oblatioisiis quod opus esset ^ 
et iNDicTioNis, quod imperaretur,) In which sense Indictio is used 
by Pliny, Paneg. 29. 

Under the emperors, a rule was made out, called Canon frumen- 
TARius, in which was comprised what corn each province ought 
yearly to furnish. The corn thus received was laid up in public 
granaries, both at Rome and in the provinces, whence it was given 
out, by those who had the care of provisions, to the people and sol- 
diers. 

Under the emperors, besides a certain sum paid for the pubhc 
pastures, the people of the provinces were obliged to furnish a cer- 
tain number of cattle from their flock, Vopisc. in Proh. 1.5. and be- 
sides the tax paid at the port, as in Sicily, Cic. Verr. ii. 72. in Asia, 
Cic, Agrar. ii. 29. in Britain, Tacit. Vit, Agric. 31. They also paid 
a tax for journeys. Suet. Vitell. 14. especially for carrying a corpse, 
which could not be transported from one place to another without 
the permission of the high-priest or of the emperor. But this tax 
was abolished. 

There was also a tax on iron, silver, and gold mines, as in Spain, 
Liv. xxxiv. 21. ; on marble in Africa ; on various mines in Mace- 
donia, Illyricum, Thrace, Britain, and Sardinia ; and also on salt- 
pits, as in Macedonia, Liv. xlv. 29. 

MUNICIPIA, COLONIiE, et PRiEFECTUR^. 

MuNiciPiA were foreign towns, which obtained the right of Ro- 
man citizens. Of these there were different kinds. Some possessed 
all the rights of Roman citizens, except such as could not be enjoy- 
ed without residing at Rome. Others enjoyed the right of serving 
in the Roman legion, (MUNERA militarla CAPERE po^eran^,) but 
had not the right of voting and of obtaining civil oflices. 

The Municipia used their own laws and customs, which were 
called LEGES MUNICI PALES ; nor were they obliged to re- 
ceive the Roman laws unless they chose it : {nisi fundi fieri vel- 
Imt.) And some chose to remain as confederate states, (civitates 
fcedtratcB,) rather than to become Roman citizens ; as the people of 
Heraclea and Naples, Cic. pro Balbo, 8. 

There were anciently no such free towns except in Italy, but after- 



MUNICIPA, COLONIiE, et PRiEFECTURiE. 71 

wards we find them also in the provinces. Thus Pliny mentions 
eight in Bmtica, and thirteen in hither Spain, Hist. J\at. iii. 2. 

COLONIES were cities or lands which Roman citizens were sent 
to inhabit. They were transplanted commonly by three commis- 
sioners, (per ti'iumviros colonicc deducendcs agrogue dividundo. Liv. 
viii. 16.) sometimes by five, ten, or more. Twenty were appointed 
to settle .the colony of Capua, by the Julian law, Dio. xxxviii. L 
The people determined in what manner the lands were to be divi- 
ded, and to whom. The new colony marched to their destined 
place in form of an army, with colours flying, {sub vexillo.) The 
lands were marked round with a plough, and his own portion assign- 
ed to every one, FzVp-. Mn. i. 425. v. 755. All which was done 
after taking the auspices, and offering sacrifices. Cic. Phil. ii. 40. 
&42. 

When a city was to be built, the founder, dressed in a Gabinian 
garb, {Gabino cinctu ornatus, v. Gabino cultu incinctus, Liv. v. 46. 
i. e. with his toga tucked up, and the lappet of it thrown back over 
the left shoulder, and brought round under the right arm to the 
breast ; so that it girded him, and made the toga shorter and closer,) 
yoking a cow and bull to the ptough, the coulter whereof was of 
brass, marked out by a deep furrow the whole compass of the city ; 
and these two animals with other victims were sacrificed on the 
altars. All the people or planters followed, and turned inwards the 
clods cut by the plough. Where they wanted a gate to be, they 
took up the plough and left a space. Hence PORTA, a gate, (a 
portando aratrum.) And towns are said to have been called UR- 
BES from being surrounded by the plough, (a6 orbe, vel ab urvo, 
i. e. buri, sive aratri curvatura, Varro de Lat. Ling. iv. 2. Festus.) 
The form of founding cities among the Greeks is described by Pau- 
sanias, v. 27. who says that the first city built was Lycosura in Ar- 
cadia, viii. 38. 

When a city was solemnly destroyed, the plough was also drawn 
•along {inducebatur) where the walls had stood, Borat. Od. i. 16. 
Hence, Et seges est, ubi Trojafuit, Ovid. Her. i. 1. 53. We read 
in the sacred writings of salt being sown on the ground where cities 
had stood, Judg. ix. 45. Mic. iii. 12. 

The walls of cities were looked upon by the ancients as sacred, 
but not the gates, Plut. Qucest. 26. The gates, however, were reck- 
oned inviolable, {sanctce.) 

A space of ground was left free from buildings both within and 
without the walls, which was called POMtERIUM, (i. e. locus circa 
murum, vel post murum intus et extra,) and was likewise held sacred, 
Liv. i. 44. Sometimes put only for the open space without the 
walls, Flor. i. 9. When the city was enlarged, the pomoeriiim also 
was extended; {hi consecrati fines proferebmdur, Liv. ibid.) 

The ceremonies used in building cities are said to have been bor- 
rowed from the Hetrui'ians, ibid. 



72 ROMAN ANTIQUITIES. 

It was unlawful to plant a new colony where one had been planted 
before, Cic. Phil. ii. 40. but supplies might be sent. 

The colonies solemnly kept the anniversary of their first settle- 
ment, (diem natalem colonics religiose colebant,) Cic. ad Attic, iv. 1. 
Sext 63. 

Some colonies consisted of Roman citizens only, some of Latins, 
and others of Italians, Liv. xxxix. 55. Hence their rights were 
different. Some think that the Roman colonies enjoyed all the 
rights of citizens, as they are often called Roman citizens, and were 
once enrolled in the censor's books at Rome, Id. xxix. 37. But most 
are of opinion, that the colonies had not the right of voting, 
nor of bearing offices at Rome, from Dio. xliii. 39. & 50. The 
rights of Latin colonies were more limited ; so that Roman citizens 
who gave their names to a Latin colony, suffered a diminution of 
ra;ik, Cic, pro Ccecin. 33. pro Domo, 30. The Italian colonies 
were in a still worse condition. The difference consisted chiefly in 
their different immunity from taxes. 

Sulla, to reward his veterans, first introduced the custom of settling 
MILITARY COLONIES, which was imitated by Julius Caesar, 
Augustus, and others. To those colonies whole legions were sent 
with their officers, their tribunes, and centurions ; but this custom 
afterwards fell into disuse, Tacit. Annal. xiv. 72. For the sake of 
distinction the other colonies were called CIVILES, PLEBEIiE 
or TOGATiE, because they consisted of citizens, or, as they were 
afterwards named, PAGANI, or Privati, who were opposed to sol- 
diers. Seep. 77. 

The colonies differed from the free towns in this, that they used 
the laws prescribed them by the Romans, but they had almost the 
same kind of magistrates. Their two chief magistrates were called 
DUUMVIRI, and their senators DECURIONES ; because, as some 
say, when the colony was first planted, every tenth man was made a 
senator. The fortune requisite to be chosen a Decurio, under the 
emperors, was a hundred thousand sestertii, Plin. Ep. i. 19. 

The senate, or general council of Grecian cities, under the Ro- 
man empire, was called BULE, (l3ov\ri, consilium,) Plin. Ep. x. 85. 
its members, BULEUTiE, ib. 115. the place where it met at Syra- 
cuse, BuLEUTERiUM, Cic. Verr. ii. 21. an assembly of the people, 
ECCLESIA, Plin. Ep. x. 3. In some cities, those who were cho- 
sen into the senate by their censors, paid a certain sum for their ad- 
mission, (honorarium decurionatus,) ib. 114. and that even although 
chosen contrary to their own inclinations, ibid. In Bithynia, they 
were subjected to regulations with respect to the choice of senators, 
similar to those at Rame, 26. 83. 115. An act passed by the senate 
or people, was called Psephisma, Id. x. 52. 53. It was there cus- 
tomary, upon a person's taking the manly robe, solemnizing his 
marriage, entering upon the office of a magistrate, or dedicating any 
public work, to invite the whole senate, with a considerable part of 
the commonalty, to the number of a thousand, or more, and to dis- 



MUNICIPIA, COLONIiE, et PRTEFECTURiE. 73 

tribute to each of the company a dole (sportula) of one or two c?e- 
narii. This, as having the appearance of an ambitious largess 
(diam-^ne) was disapproved of by Trajan, Plin. Ep. x. 117. 118. 

Each colony had commonly a patron, who took care of their in- 
terests at Rome, Dionys. ii. 11. 

PR^FECTUR^, were towns to which prefects were annually 
sent from Rome, to admin^'ster justice, chosen partly by the people, 
and partly by the praetor, Festus. Towns were reduced to this 
form, which had been ungrateful to the Romans ; as CJ^.lia, Liv. i. 
38. Dionys. iii. 50. Capua, Liv. xxvi. 16. and others. They 
neither enjoyed the rights of free towns nor of colonies, and differed 
little from the form of provinces. Their private right depended on 
the edicts of their prefects, and their pubHc right on the Roman 
senate, who imposed on them taxes and service in war at pleasure. 
Some PrcefecturcB, however, possessed greater privileges than others. 

Places in the country or tov.ns where markets were held, and 
justice administered, were called FORA ; as Forum Aurelium, Cic. 
Cat. i, 9. Forum Appii. Cic. Jlti. ii. 10. Forum Cornelii, Julii, 
Livii, &c. 

Places where assemblies were held, and justice administered, 
were called CONCILIABULA, Liv. xl. 37. 

iill Other cities which were neither Municipia, Colonics, nor Prm- 
fecturce, were called Confederate States, (CIVITATES FGEDERA- 
TiE.) These w^ere quite free, unless that they owed the Romans 
certain things according to treaty. Such was Capua before it re- 
volted to Hannibal. Such were also Tarentum, Naples, Tibur, and 
Preeneste. 

FOREIGNERS. 

x\ll those who were not citizens, were called by the ancient Ro- 
mans, foreigners, (PSREGRINJ,) wherever they lived, whether in 
the city or elsewhere. But after Caracalla granted the freedom of 
the city to all freeborn men in the Roman world, and Justinian 
some time after granted it also to freedmen, the name of foreigners 
fell into disuse ; and the inhabitants of the whole world were divid- 
ed into Romans and Barbarians. The whole Roman empu^e itself 
was called ROMANIA, which name is still given to Thrace, as being 
the last province which was retained by the Romans, almost until 
the taking of Constantinople by the Turks, A. D. 1453. 

While Rome was free, the condition of foreigners was very dis- 
agreeable. They might indeed live in the city, but they enjoyed 
none of the privileges of citizens. They were also subject to a par- 
ticular jurisdiction, and sometimes were expelled from the city at 
the pleasure of the magistrates. Thus M. Junius Pennus, A. U. 
627, and C. Papius Celsus, A. U. 688. both tribunes of the people, 
passed a law ordering foreigners to leave the city, Cic. Off. iii. 11. 
Brut. 8. So Augustus, Suet. Aug. 42. But afterwards an immense 
number of foreigners flocked to Rome from all parts, Juv. Sat. iii. 
> 10 



U ROMAN ANTIQUITIES, 

58. Seneca ad Helv. c. 8. So that the greatest part of the common 
people consisted of them ; hence Rome is said to be mundifoece re- 
pleta, Lucan. vii. 405. 

Foreigners were neither permitted to use the Roman dress, Suet. 
Claud. 25. nor had they the right of legal property, or of making a 
will. When a foreigner died, his goods were either reduced into 
the treasury, as having no heir, {quasi bona vacantia,) or if he had 
attached himself {se applicuisset) to any person, as a patron, that per- 
son succeeded to his effects, JURE APPLICATIONIS, as it was 
called, Cic. de Oral. i. 39. 

But in the process of time these inconveniences were removed, 
and foreigners were not only advanced to the highest honours in the 
state, but some of them even made emperors. 

The ASSEMBLIES of the PEOPLE. 

An assembly of the whole Roman people to give their vote about 
any thing, was called COMITIA, {a coeundo vel comeundo.) When 
a part of the people only was assembled, it was called CONCILI- 
UM, A. Gell. XV. 27. But these words were not always distinguish- 
ed, Liv. vi. 20. 

In the Comitia, every thing which came under the power of the 
people was transacted ; magistrates were elected, and law^s passed, 
particularly concerning the declaration of war, and the making of 
peace. Persons guilty of certain crimes were also tried in the Ca- 
mitia, Polyh. vi. 12. 

The Comitia were always summoned by some magistrate, who 
presided in them, and directed every thing which came before them ; 
and he was then said, habere comitia. When he laid any thing 
before the people, he was said agere cum populo, Gell. xiii. 14. 
As the votes of all the people could not be taken together, they 
w^ere divided into parts. 

There were three kinds of Comitia : the Curiata, instituted by 
Romulus ; the Centuriata, instituted by Servius Tullius, the sixth 
king of Rome ; and the Trihuta, said to have been first introduced 
by the tribunes of the people at the trial of Coriolanus, A. U. 263. 

The Comitia Curiata and Centuriata could not be held without 
taking the auspices, {nisi auspicatb,) nor without the authority of the 
senate, but the Tributa might, Dionys. ix. 41. & 49. 

The days on which the Comitia could be held were called DIES 
COMITIALES, (i. e. quibus cum populo agere licebat,) Liv. iii. 2 
Cic. Q. Fr. i. 2. Macrob. Sat. i. 16. 

As in the senate, so in the Comitia, nothing could be done before 
the rising nor after the setting of the sun, Dio. xxxix.Jin. 

The Comitia for creating magistrates were usually held in the 
Campus Martins ; but for making laws, and for holding trials, some- 
times also in the forum, and sometimes in the capitol. 



THE COMITIA CURIATA. 75 

The COMITIA CVRMTJ. 

In the Comitia Curiata the people gave their votes, divided into 
thirty curice ; {ita dictcB quod Us rerum puhlicarum cura commissa sit^ 
Fest. vel potius a xu^iu sc. hxKy\<iia^ conventus populi apud Grcecos ad 
jubendum vel vetandum quod e repuhlica censeret esse,) And what a 
majority of them, namely sixteen, determined, v^as said to be the or- 
der of the people. At first there were no other Comitia but the Curi- 
ata, and therefore every thing of importance was determined in them. 

The Comitia Curiata were held, first by the kings^ and afterwards 
by the consuls and the other greater magistrates, that is, they presid- 
ed at them, and nothing could be brought before the people but by 
them. They met in a part of the forum, called the COMITIUM, 
where a pulpit or tribunal (suggestum) stood, whence the orators used 
to harangue the people. It was afterwards called ROSTRA, be- 
cause it was adorned with the beaks of the ships taken from the An- 
tiates, Liv, viii. 14. and also Templum, because consecrated by the 
augurs, Ibid. & 35. which was its usual name before the Antiates were 
subdued, Liv. ii. 56. The Comitium was first covered the year that 
Hannibal came into Italy, Liv. xxvii. 38. Afterwards it was adorn- 
ed with pillars, statues, and paintings. 

Those citizens only had a right to vote at the Comitia Curiata, who 
lived in the city, and were included in some curia, or parish. The 
curia which voted first, was called PRINCIPIUM, Liv. ix. 38. 

After the institution of the Comitia Centuriata, and Tributa, the 
Comitia Curiata were more rarely assembled, and that only for pass- 
ing certain laws, and for the creation of the Curio Maximus, Liv. 
xxvii. 8. and of the Flamines, A. Gell. xv. 27. Each curia seems to 
have chosen its own curio j called also magister curice, Plant. Aul. ii. 
2.3. 

A law made by the people divided into curice was called LEX 
CURIATA. Of these, the chief we read of, were, 

1. The law by which military command (imperium) was confer- 
red on magistrates, Liv. ix. 38. Without this they were not allowed 
to meddle with military affairs, (rem militarem attingere,) to com- 
mand an army, or carry on war, Cic. Phil, v. 16. Ep. Fam. i. 9. but 
only had a civil power, (POTESTAS,) or the right of administering 
justice. Hence the Comitia Curiata were said rem militarem con- 
iinere, Liv. v. 52. and the people, to give sentence twice {bis senten- 
tiam ferrc, v. binis comitiis judicare, (concerning their magistrates, 
Cic. de lege Agr. ii. II. But in after times, this law seems to have 
been passed only for form's sake, by the suffrage of the thirty lictors 
or sergeants who formerly used to summon the curice, and attend on 
them at the Comitia, Cic. ibid. {Populi suffragiis, ad speciem, atque 
ad usurpationem vetustatis, per triginta lictores auspiciorum causa 
adumbraiis, cap. 12.) 

2. The law about recalling Camillus from banishment, Liv. v. 46. 

3. That form of adoption called adrogatio, (see*p. 61. was made 



76 ROMAN ANTIQUITIES. 

at the Comitia Cnriata, because no one could change his state, or su- 
cra, without the order of the people, Cic.pro Sext. pro Dom. 15. &:c. 
Suet. Aug. 65. Dio. xxxvii. 51. 

4. Testaments were anciently made at these Comitia. And be- , 
cause in time of peace they were summoned, {calata, i. e. convocata,) 
by a lictor, twice a year for this purpose ; hence they were also call- 
ed COMITIA CALATA, which name is likewise sometimes applied 
to the Comitia Centuriata, because they were assembled by a Cor- 
niceuy who was also called Classiais, {quod classes comitiis ad comi- 
tatum vocahat, A. Gell. xv. 27. Varrode Lat. Ling. iv. 16.) 

5. What was called DETESTATIO SACRORUM, was also 
made here ; as when it was denounced to an heir or legatee that he 
must adopt the sacred rites which followed the inheritance, Cic. de 
Legfr. ii. 9. Whence an inheritance without this requisite is called 
by Plautus hcereditas sine sacris, Captiv. iv. 1. {cum aliquid obvcnerit 
sine aliqua incommoda appendice, Festus.) 

The COMITIA CENTURIATA and the CENSUS. 

The principal Comitia were the Centuriat a, cu]]ed also majora, Cic. 
post red. in Senat. 2. in which the people, divided into the centuries 
of their classes, gave their votes ; and what a majority of centuries 
decreed, {quod plures centuries jussissent,) was considered as finally 
deterniined, {pro raio habebatur.) These Comitia were held accord- 
ing to the Census, instituted by Servius Tullius. 

The CENSUvS was a numbering of the people with a valuation of 
their fortunes, {(Bstimatio, aironiiriffis.) 

To ascertain the number of the people, and the fortunes of each 
individual, Servius ordained that all the Roman citizens, both in 
town and country, should upon oath take an estimate of their for- 
tunes, {bona sua jurati censerent, i. e. cEstimarent,) and pubhcly de- 
clare that estimate to him, {apud se. projiterenlur ;) that they should 
also tell the place of their abode, the names of their wives and chil- 
dren, their own age, and that of their children, and the number of 
their slaves and freedmen ; That if any did otherwise, their goods 
should be confiscated, and themselves scourged and sold for slaves, 
as persons who had deemed themselves unworthy of liberty, {qui 
sibi libertatem abjudicassent, Cic. pro Csecin. 34.) He likewise ap- 
pointed a festival, called PAGANALIA, to be h?ld every year in 
each pagus, or village, to their tutelary gods, at which time the 
peasants should every one pay in the hands of him who presided at 
the sacrifices, a piece of money ; the men a piece of one kind, the 
women of another, and the children of a third sort, Dionys. iv. 15. 

Then, according to the valuation of their estates, he divided all 
the citizens into six CLASSES, and each class into a certain num- 
ber of CENTURIES. 

The division by centuries, or hundreds, prevailed every where 
at Rome ; or rather, they counted by tens, from the number of 
fingers on both hands, Ovid. Fast. iii. 123. &c. The infantry and 



THE COMITIA CENTURIATA, &c. 77 

cavalry, the curice and tribes, were divided in this manner ; and so 
even the land: hence centenarius ager, Ovid. Ibid. & Festus. 
At first a century contained a hundred ; but not so afterwards. 
Thus the number of men in the centuries of the different classes 
was without doubt very different. 

The first class consisted of those, whose estates in lands and effects 
were worth at least 100,000 osses, or pounds of brass ; or 100,000 
drachmcB, according to the Greek way of computing ; which sum is 
commonly reckoned equal to 322/. 18s. 4d. sterling ; but if we sup- 
pose each pound of brass to contain 24 asses^ as was the case after- 
wards, it will amount to 7750/. 

This first class was subdivided into eighty centuries or companies 
of foot, forty of young men, (juniorum,) that is, from seventeen to 
forty-six years of age, Cic. de Sen. 17. Jl. Gell. x. 28. who were 
obliged to take the field, (ut foris bella gererent,) and forty of old 
men, {seniorum,) who should guard the city, {ad urbis aistodiam ut 
prcesto essent.) To these were added eighteen centuries of Equites, 
who fought on horseback ; in all ninety-eight centuries. 

The second class consisted of twenty centuries^ ten of young men, 
and ten of old, whose estates were worth at least 75,000 asses. To 
these were added two centuries of artificers, (fabrum^) carpenters, 
smiths, &c. to manage the engines of war. These Livy joins to the 
first class. 

It is hardly to be imagined that those artificers were composed of 
the members of either the first or the second class, but of their ser- 
vants or dependents ; for not only the mechanic arts, but likewise, 
every kind of trade, was esteemed dishonourable among the ancient 
Romans. 

The third class was also divided into twenty centuries ; their es- 
tate was 50,000 asses. 

The fourth class likewise contained twenty centuries ; their estate 
was 25,000 asses. To these Dionysius adds two centuries of trum- 
peters, vii. 59. 

The fifth class was divided into thirty centuries ; their estate was 
11,000 asses, but according to Dionysius, 12,500. Among these, 
according to I^ivy, were included the trumpeters and cornelters, or 
blowers on the horn, distributed into three centuries, whom Diony- 
sius joins as two distinct centuries to the fourth class. 

The sixth class comprehended all those who either had no estates, 
or were not worth so much as those of the fifth class. The number 
of them was so great as to exceed that of any of the other classes ; 
yet they were reckoned but as one century. 

Thus the number of centuries in all the classes was, according to 
Livy, 191 ; and according to Dionysius, 193. 

Some make the number of Livy to amount to 194, by supposing 
that the trumpeters, &c. were not included in the thirty centuries of 
the fiith class, but formed three distinct centuries by themselves. 

Each class had arms peculiar to itself, and a certain place in the 
army according to the valuation of their fortunes. 



78 ROMAN ANTIQUITIES. 

By this arrangement the chief power was vested in the richest 
citizens, who composed the first class, which, although least in num- 
ber, consisted of more cehturies than all the rest put together ; but 
they likewise bore the charges of peace and war (muniapacis et belli) 
in proportion, Liv. i. 42. For, as the votes at the Comitia, so like- 
wise the quota of soldiers and taxes, depended on the -number of 
centuries. Accordingly, the first class, which consisted of ninety- 
eight, or, according to Livy, of one hundred centuries, furnished 
more men and money to the public service than all the rest of the 
state besides. But they had likewise the chief influence in the as- 
semblies of the people by centuries. For the Equites and the cen- 
turies of this class were called first to give their votes, and if they 
w^ere unanimous, the matter was determined ; but, if not, then the 
centuries of the next class were called, and so on, till a majority of 
centuries had voted the same thing. And it hardly ever happened 
that they came to the lowest, Liv. i. 43. Dionys. vii. 59. 

In after times some alteration was made, as is commonly suppos- 
ed, in favour of the Plebeians, by including the centuries in the 
tribes ; whence mention is often made of tribes in the Qomitia Cen- 
turiata, Liv. v. 18. Cic. in Rull. ii. 2. pro Plane. 20. In conse- 
quence of which, it is probable, that the number of centuries as well 
as of tribes was increased, Cic. Phil. ii. 62. But when or how this 
was done is not sufficiently ascertained, only it appears to have ta- 
ken place before the year of the city 358, Liv. v. 18. 

Those of the first class were called CLASSICI ; all the rest were 
said to be INFRA CLASSEM, A. Gcll. vii. 13. Hence classici 
auctores, for the most approved authors, Id. xix. 8. 

Those of the lowest class who had no fortune at all, were called 
CAPITE CENSI, rated by the head ; and those who had below a 
certain valuation, PROLETARII, Gell. xvi. 10, whence sermo pro- 
letarius for vilis^ low. Plant. Mild. Glor. iii. 1. 157. This properly 
was not reckoned a class ; whence sometimes only five classes are 
mentioned, Liv. iii. 30. So Quinta classis videntur, of the lowest, 
Cic. Acad. iv. 23. 

This review of the people was made (census habitus, v. actus est) 
at the end of every live years ; first by the kings, then by the con- 
suls ; but after the year 310 by the censors, who were magistrates 
created for that very purpose. We do not find however that the 
census was always held at certain intervals of time. Sometimes it 
was omitted altogether, Cic. pro Arch. 5. 

After the census was finished, an expiatory or purifying sacrifice 
(sacrijicium lustrale) was made, consisting of a sow, a sheep, and a 
bull, whicli were carried round the whole assembly, and then slain : 
and thus the people were said to be purified (lustrari.) Hence also 
histrare signifies to go round, to survey, Virg. Eccl. x. 55. JEn. 
viii. 231. x. 224. and circumferre, to purify. Plant. Amph. ii. 2. 144. 
Virg. JEn. vi. 229. This sacrifice was called SUOVETAURILIA, 
or SOLITAURILIA, and he who performed it, was said CONDE- 



THE COMITIA CENTURIATA, iSz:c. 79 

RE LU8TRUM. It was called lustrum a luendo, i. e. sohendo, 
because at that time all the taxes were paid by the farmers-general 
to the censors, f^arr. L. L. v. 2. And because this was done at the 
end of every fifth year, hence LUSTRUM is often piit for the 
space of five years ; especially by the poets, Horat. Od. ii. 4. 24. 
iv. 1.6. by whom it is sometimes confounded with the Greek Olym- 
piad, which was only four years, Ovid. Pont. iv. 6. 5. Martial, iv. 
45. It is also used for any period of time, Plin. ii. 48. 

The census anciently was held in the /onwz, but after the year of 
the city 320, in the villa publico, which was a place in the Campus 
Martinis, Liv. iv. 22. fitted up for public uses ; for the reception of 
foreign ambassadors, &c. Liv. xxxiii. 9. Varro de Re Rustica, iii. 2. 
Lucan. ii. 196. The purifying sacrifice was always made {lustrum 
conditum est) in the Campus Martius, Liv. i. 44. Dionys. iv. 22. 
The census was sometimes held without the lustrum being perform- 
ed, Liv. iii. 22. 

1. The Causes of assembling the Comitia Centuriata. 

The comitia CENTURIATA were held for creating magis- 
trates, for passing laws, and for trials. 

In these comitia were created the consuls, praetors, censors, 
and sometimes a proconsul, Liv. xxvi. 18 ; also the decemviri, mili- 
tary tribunes, and one priest, namely, the rex sacrorum. Almost all 
laws were passed in them, which were proposed by the greater ma- 
gistrates ; and one kind of trial was held there, namely, for high 
treason, or any crime against the state, which was called JUDICI- 
UM PERDUELLI0NI8 ; as, when any one aimed at sovereignty, 
which was called crimen regni, liv. vi. 20. or had treated a citizen 
as an enemy, Cic. in Verr. i. 5. 

War was also declared at these comitia, Liv. xxxi. 6. & 7. xlii. 30. 

2. The Magistrates who presided at the Comitia Centuriata: the 
Place where they were held; the manner of summoning them^ and 
the Persons who had a right to vote at them. 

The Comitia Centuriata could be held only by the superior ma- 
gistrates, i. e. the consuls, the prastor, the dictator, and interrex : 
But the last could only hold the comitia for creating magistrates, 
and not for passing laws. 

The censors assembled the people by centuries ; but this assem- 
bly was not properly called comitia, as it was not to vote about any 
thing. The praetors could not hold the comitia, if the consuls were 
present, without their permission ; Liv. xxvii. 5. but they might in 
their absence. Id. xliii. 16. xlv. 21. especially the praetor urhanus ; 
and, as in the instance last quoted, without the authority of the Se- 
nate. 

The consuls held the comitia for creating the consuls, and also 
for creating the praetors ; (for the praetors could not hold the comi- 
tia for creating their successors, Cic. ad Att. ix. 9.) and for creat- 
ing the censors, Liv. vii. 22. Cic. Att. iv. 2. 



80 ROMAN ANTIQUITIES. 

/ 

The consuls determined which of them should hold these comiiia, 
either by lot or agreement {sorte vel consensu j sortiebaniur vel conU' 
parabant), Liv. passim. 

The comiiia for creating the first consuls were held by the pre- 
fect of the city, Spurius Lucretius, Liv. i. 60. who was also inttrreXf 
Dionys. iv. 84. 

When a rex sacrorum was to be created, the comitia are thought 
to have been held by the pontifex maximns. But this is not quite 
certain. 

The person presiding in the comitia had so great influence, that he 
is sometimes said to have \\\mse\f created the magistrates, who were 
elected, Liv. i. 60. ii. 2. iii. 54. ix. 7. 

When, from contention betwixt the Patricians and Plebeians, or 
betwixt the magistrates, or from any other cause, the comitia for 
electing magistrates could not be held in due time, and not before 
the end of the year, the patricians met and named {sine svffragio 
populi auspicatd prodehant) an interrex, out of their own number, 
Cic. pro domo, 14. & Ascon. in Cic, who governed only for five 
days : Liv. ix. 34. and in the same manner different persons were 
always created every five days, till consuls were elected, who enter- 
ed immediately on their office. The comitia were hardly ever held 
by the first interrcx : sometimes by the second ; Liv. ix. 7. x. 11. 
sometimes by the third; hL v. 31. and sometimes not till the ele- 
venth. Id. vii. 21. In the absence of the consuls, a dictator w^as 
sometimes created to hold the comitia, Id. vii. 22. viii. 23. ix. 7. 
XXV. 2. 

The Comiiia Cenluriata were always held without the city, usu- 
ally in the Campus Jllartius ; because anciently the people went 
armed in martial order (sub signis) to hold these assemblies ; and 
it was unlawful for an army to be marshalled in the city, Liv. xxxix. 
15. Gell. XV. 27. But in latter times a body of soldiers only kept 
guard on the Janiculum ; where an Imperial standard was erected, 
{vexillum positum erat,) the taking down of which denoted the con- 
clusion of the comitia, Dio. xxxvii. 27. & 28. 

The Comitia Centuriaia were usually assembled by an edict. It 
behoved them to be summoned {edici v. indici) at least seventeen 
days before they were held, that the people might have time to 
weigh with themselves, what they should determine at the comitia. 
This space of time was called TRINUNDINUM, or TRINUM 
NUNDINUM, i. e. tres nundincK, three market days, because the 
people from the country came to Rome every ninth day to buy and 
sell their commodities ; Liv. iii. 35. (Jfundince a Romanis none 
quoque die celebralm ; intermediis septem, diebus occupabantur ruri, 
Dionys. ii. 28, vii. 58. reliquis septem rura colebant, Varro de Re 
Rust, prsef. 11.) But the comiiia were not held on the market-days, 
{nundinis,) because they were ranked among the ferice or holy 
days, on which no business could be. done with the people, Macrob. 
i. 16. {ne plebs rustica avocaretur, lest they should be called off from 



CANDIDATES. 81 

their ordinary business of buying and selling,) PUn. xtiii. 3. This 
however was not always observed. Cic. Att. i. 14. 

But the comitia for creating magistrates were sometimes sum- 
moned against the first lawful day, {in primum comitialem diem,) Liv. 
xxiv. 7. 

All those might be present at the Comitia Centuriata, who had the 
full right of Roman citizens, whether they lived at Rome, or in the 
country. 

3. CANDIDATES. 

Those, who sought preferment, were called CANDIDATI, from 
a white robe {a toga Candida) worn by them, which w^as rendered 
shining (candens vel Candida) by the art of the fuller : for all the 
wealthy Romans wore a gown naturally white, (toga alba.) This, 
however, was anciently forbidden by law, {ne cui album, i. e. cretam, 
in vestimentum addere, petitionis causa liceret,) Liv. iv. 25. 

The candidates did not wear tunics or waistcoats, either that they 
might appear more humble, or might more easily show the scars they 
had received on the breast or fore part of their body, {adverso cor- 
pore,) Plutarch, in Coriolano. 

In the latter ages of the republic, no one could stand candidate, 
who was not present, and did not declare himself within the legal 
days, that is, before the comitia were summoned. Sail. Cat. 18. Cic, 
Fam. xvi. 12. and whose name was not received by the magistrates ; 
for they might refuse to admit any one they pleased ; {nomen acci- 
pere, vel rationem ejus habere,) but not without assigning a just cause, 
Liv. viii. 15. xxiv. 7. & 8. Val. Max. iii. 8. 3. Fell. ii. 92. The 
opposition of the consul, however, might be overruled by the Se- 
nate, Liv, iii. 21. 

For a long time before the election, the candidates endeavoured 
to gain the favour of the people by every popular art : Cic. Attic, i. 
1. by going round the houses, (ambiendo,) by shaking hands with 
those they met ; (prensando,) by addressing them in a kindly man- 
ner, and naming them ; &c. on which account they commonly had 
along with them a monitor, or NOMENCLATOR, who whispered 
in their ears every body's name, Herat. Ep. i. 6. 50. &c. Hence 
Cicero calls candidates natio officiosissima, in Pis. 23. On the mar- 
ket-days they used anciently to come into the assembly of the peo- 
ple, and take their station on a rising ground ; {in colle consistere,) 
whence they might be seen by all, Macrob. Sat. 1. 16. When they 
went down to the Campus Martins at certain times, they were at- 
tended by their friends and dependents, who were called DEDUC- 
TORES, Cic. de pet. cons. 9. They had pei'sons likewise to divide 
money among the people, (DIVISORES, Cic. Att. i. 17. Suet. 
Aug. 3.) For this, although forbidden by law, was often done 
openly, and once against Caesar, even with the approbation of Cato, 
Suet. Jul. 19. There were also persons to bargain with the people 
for their votes, called INTERPRETES, and others in whose hands 

II 



^ 



82 ROMAN ANTIQUITIES. 

the money promised was deposited, called SEQUESTRES, Cic. 
Att. in Verr, i. 8. & 12. ; Sometimes the candidates formed combi- 
nations (coitiones) to disappoint {ut dejicerent) the other competitors, 
Cic. Att. ii. 18. Liv, iii. 35. 

Those who opposed any candidate, were said ei refragari, and 
those who favoured him, suffragari vel suffragatores esse : hence 
suffragatio, their interest, Liv, x. 13. Those who got one to be 
elected, were said, ci prmturam gratia campestri capere, Liv. vii. 1. 
or eum trahere ; thus, Pervicit Appius, nt dejecto Fabio, fratrem tra^ 
herd, Liv. xxxix. 32. Those, who hindered one from being elected, 
were said, a consulatu repellere, Cic. in Cat. i. 10. 

4. The Manner of proposing a Law, and of naming a Day for one^s 

Trial 

When a law was to be passed at the Comitia Centuriata, the ma- 
gistrate who was to propose it, (laturus v. rogaturus,) having con- 
sulted with his friends and other prudent men, whether it was for the 
advantage of the republic, and agreeable to the customs of their an- 
cestors, wrote it over at home ; and then having communicated it to 
the senate, by their authority, (eo; Senatus consulto,) he promulgated 
it, that is, he pasted it up in public, (publice v. in publico proponebat ; 
promulgabat, qvaxsi, provulgabat, Festus,) for three market-days ; that 
so the people might have an opportunity of reading and considering 
it. Cic. Verr. 5. 69. In the meantime he himself, (legislator vel 
inventor legis, Liv. ii. 56.) and some eloquent friend, who was called 
AUCTOR legis, or SUASOR, every market-day read it over, (re- 
citabat,) and recommended it to the people, (suadebat,) while others 
who disapproved it, spoke against it (dissuadebant.) But in ancient 
times all these formalities were not observed : thus we find a law 
passed the day after it was proposed, Liv. iv. 24. 

Sometimes the person who proposed the law, if he did it by the 
authority of the senate, and not according to his own opinion, spoke 
against it, Cic. Ait. i. 14. 

In the same manner, when one was to be tried for treason, (cum 
dies perduellionis dicta est, cum actio perduellionis intendebat^ir, Cic. 
vel cum aliquis capitis v. -te anquireretur, Liv.) it behoved the accu- 
sation to be published for the same space of time, (promulgatur rcga- 
tio de mea pernicie, Cic. pro. Sext, 20.) and the day fixed when the 
trial was to be, (proditd die, qua judicium futurum sit, Cic.) In the 
meantime the person accused (REUS,) changed his dress, laid aside 
every kind of ornament, let his hair and beard grow, (promittebat,) 
and in this mean garb (sordidatus,) went round and solioited the fa- 
vour of the people, (homines prensabat.) His nearest relations and 
friends did the same, Liv. passim. This kind of trial was generally 
capital, Liv. vi. 20. but not always so. Id. xliii. 16. Cic. pro Dom, 32. 
See Lex Porcia. 

5. J^e Manner of taking the Auspices. 

On the day of the comitia, he who was to preside at them, (qui Hsprce- 



THE MANNER OF TAKING THE AUSPICES. 83 

futurus erat,) attended by one of the augurs, {au^ure adhibito,) pitch- 
ed a tent, {tabernaculum cepit,) without the city, to observe the 
omens, {ad auspicia captanda, vel ad auspicandum.) These Cicero 
calls AUGUSTA CENTURIARUM AUSPICIA, pro Mil. 16. 
Hence the Campus Martins is said to be consularihvs auspiciis con- 
secratus, Cic in Cat. iv. I. and the comitia themselves were called 
AUSPICATA, Liv, xxvi. 2. 

If the TABERNACULUM, which perhaps was the same with 
templum or arx, the place which they chose to make their observa- 
tions, {ad inaugurandum, Liv. i. 6. s. 7. & 18.) had not been taken 
in due form, {parum rede captum esset,) whatever was done at the 
comitia was reckoned of no effect, {pro irrilo habebatur,) Liv. iv. 7. 
Hence the usual declaration of the augurs, {augurum solennis pro- 
nunciato ;) Vitio tabernaculum captum; vitio magistratus 

CREATOS vel VITIOSOS ; VITIO LEGEM LATAM ; VITIO DIEM DICTAM, 

Cic. & Liv, passim. And so scrupulous were the ancient Romans 
about this matter, that if the augurs, at any time afterwards, upon 
recollection, declared that there had been any informality in taking 
the auspices, {vitium obvenisse, Cic. in auspicia vitium fuisse, Liv.) 
the magistrates were obliged to resign their office, {utpoie vitiosi v. 
vitio creati, as having been irregularly chosen,) even several months 
after they had entered upon it, Liv. ibid. Cic. de Kat. Deor. ii. 4. 

When there was nothing wrong in the auspices, the magistrates 
were said to be salvis auspicus creati, Cic. Phil. ii. 33. 

When the consul asked the augur to attend him, {in auspicium 
adhibebat,) he said, Q, Fabi, te mihi in auspicio esse volo. The 
augur replied, Audivi, Cic. de Divin. ii. 34. 

There were two kinds of auspices which pertained to the Comi- 
tia Centuriata, The one was, observing the appearances of the 
heavens, {servare de ccelo, vel ccelum,) as, lightning, thunder, &:c. 
which was chiefly attended to. The other was the inspection of 
birds. Those birds which gave omens by flight, were called PRiE- 
PETES : by singing, OSCINES : hence the phrase, si avis occinu- 
erit, Liv. vi. 41. x. 40. When the omens were favourable, the 
birds were said, addicere vel AOMiTTERif; when unfavourable, 

ABDICERE, NON addicere, vel REFRAGARl. 

Omens were also taken from the feeding of chickens. The per- 
son who kept them was called PULLARIUS. If they came too 
slowly out of the cage, {ex caved,) or would not feed, it was a bad 
omen ; Liv. vi. 41. but if they fed greedily, so that something fell 
from their mouth, and struck the ground, {terram paviret, i. e. feri- 
ret;) it was hence called TRIPUDIUM SOLISTIMUM, (quasi 
terripavium vel terripudium, Cic. div. ii. 34. Festus in PULS. ;) 
Liv. X. 40. Plin. x. 21. s. 24. and was reckoned an excellent omen, 
{auspicium egregium vel optimum,) ibid. 

When the augur declared that the auspices were unexceptionable, 
{omni vitio carere,) that is, that there was nothing to hinder the 
comitia from being held, he said, Silentium esse videtur: Cic. de 



84 ROMAN ANTIQUITIES. 

Div, ii. 34. but if not, he said, ALIO DIE, Ck, de Leg^. ii. 1% 
on which account the comitia could not be held that day. Thus, 
Papirio legem ferenti triste omen diem diffiditf i, e. Rem in diem pos- 
terum rejicere coegit, Liv. ix. 38. 

This declaration of the augur was called NUNTIATIO, or oh- 
nuntiatio. Hence Cicero says of the augurs, Nos nuntiationem 

SOLUM HABExMUS; ET CoNSULES ET RELIQUI MAGISTRATUS ETIAM 

SPEC rioNEM, V. inspectionem j Cic. Phil. ii. 32. but the contrary 
seems to be asserted by Festus ; {in voce SPECTIO,) and commen- 
tators are not agreed how they should be reconciled. It is suppos- 
ed there should be a different reading in both passages, Vid. Abram. 
hi Cic. & Scaliger. in Fest. 

Any other magistrate, of equal or greater authority than he who 
presided, might likewise take the auspices ; especially if he wished 
to hinder an election, or prevent a law from being passed. If such 
magistrate therefore declared, Se de coelo servasse, that he had 
heard thunder or seen lightning, he was said OBNUNTIARE, {au- 
gur auguri, consul consuli ohnuntiavisti, al. nuntidsti, Cic. Phil. ii. 
33.) w^hich he did by saying, ALIO DIE ; whereupon, by the Lex 
JElia et Fusia, the comitia were broken off; {dirimebantur,) and de- 
ferred to another day. Hence obnuntiare concilio aut comitiis, to 
prevent, to adjourn ; and this happened, even if he said that he had 
seen what he did not see, {si auspicia ementitvs esset,) because he 
was thought to have bound the people by a religious obligation, 
which must be expiated by their calamity or his own, Cic, Phil. ii. 
33. Hence, in the edict, whereby the comitia were summoned, 
this formula was commonly used, Ne quis minor magistratus de 
coelo servasse VELiT : which prohibition Clodius, in his law 
against Cicero, extended to all the magi.^trates, Dio. xxxviii. 13. 

The comitia were also stopped, if any person, while they were 
holding, was seized with the falling sickness or epilepsy ; which was 
hence called MORBUS COMITIALIS ; or if a tribune of the com- 
mons interceded by the solemn word, VETO ; Liv. vi. 35. or any 
magistrate of equal authority with him, who presided, interposed ; 
by wasting the day in speaking, or by appointing holy days ; &:c. 
Cic. ad Fratr. ii. 6. and also if the standard was pulled down from 
the Janiculum ; as in the trial of Rabirius, by Metellus the praetor, 
Dio. lib. xxxvii. 27. 

The comitia were also broken off by a tempest arising ; but so, 
that the election of those magistrates, who were already created, 
was not rendered invalid, {ut jam creati non vitiosi redderentur,) 
Liv. xl. 59. Cic. de Divin. ii. 18. unless when the comitia were for 
creating censors. 

6. The Manner of Holding the Comitia Centuriata. 

When there was no obstruction to the comitia^ on the day ap- 
pointed, the people met in the Campus Martius. The magistrate, 
who was to preside, sitting in his curule chair on a tribunal {pro tri- 



THE COMITIA CENTURIATA, &c. 85 

bunalif) Liv. xxxix. 32. used to utter a set form of prayer, before he 
addressed the people, Liv. xxxlx. 15. the augur repeating over the 
words before him, {augure verba prrtunte, Cic.) Then he made a 
speech to the people about what was to be done at the comitia. 

If magistrates were to be chosen, the names of the candidates 
were read over. But anciently the people might choose whom they 
pleased, whether present or absent, although they had not declared 
themselves candidates, Liv, passim. 

If a lav^ was to be passed, it was recited by a herald, while a se- 
cretary dictated it to him, (^subjiciente^ scribd,) and different persons 
were allowed to speak for and against it, Liv. xl. 21. A similar form 
was observed at trials, because application was made to the people 
about the punishment of any one, in the same manner as about a 
law. Hence irrognre pcenam, vel mulctam, to inflict or impose. 

The usual beginning of all applications to the people, {omnium ro- 
gationum,) was VELITIS, JUBEATIS, QUIRITES ; and thus the 
people were said to be consulted, or asked, {consuli vel rogari ;) and 
the consuls to consult or ask them ; Cic. c^ Liv. passim. Hence, juberc 
legem vel rogationem, also Decernere, to pass it ; Sail. Jug. 40. ve- 
tare, to reject it ; rogare magistratus, to create or elect, Sail. Jug, 
29. Rogare qucesitores, to appoint judges or inquisitors, ib. 40. So jus- 
taet vetita populi in jubendis v. sciscendis legibus, Cic. de Legg. ii. 
4. Quibus sc. Silano et Mursense, consulatus, me rogante, i. e. praesi- 
dente, datus est, Id. pro Mur. 1. Then the magistrate said, Si vobis 

VIDETUR, DISCEDITE, QUIRITES ; Or, ItE IN SUFFRAGIUM, BENE Ju- 
VANTIBUS DllS, ET, QU^. PATRES CENSUERUNT, VOS JUBETE, Liv, 

xxxi. 7. Whereupon the people, who, as usual, stood promiscuous- 
ly, separated, every one to his own tribe and century, Ascon. in Cic, 
pro Corn. Balbo. Hence, the magistrate was said mittere populum in 
suffragium ; and the people, inire vel ire suffragium, Cic. & Liv. 
passim. 

Anciently the centuries were called to give their votes according 
to the institution of Servius TuUius ; first, the Lquites, and then the 
centuries of the fii'st class, &c. but afterwards, it was determined by 
lot, (SORTITlO/e/^a;,) in what order they should vote. When this 
was first done is uncertain. The names of the centuries were thrown 
into a box, (m sitellam ; sitella defertur, Cic. JV*. D. i. 38. Sitella 
allata est, ut sortirentur, Liv. xxv. 3.) a;^ then the box being shak- 
en, so that the lots might lie equally, {sorlibus cequalis,) the centu- 
ry which came out first gave its vote first, and hence was called 
PRiEROGATIVA, Liv. v. 18. Those centuries, which followed 
next, were called PRIMO VOCAT^, Liv. x. 15. & 22. The rest 
JURE VOCATiE, Liv. xxvii. 6. But all the centuries are usually 
called jure vocatce, except the prcerogativa. Its vote was held of 
the greatest importance, (ut nemo unquam prior eam tulerit, quin 
renunciatus sit, Cic. pro Plane. 20. Divin. ii. 40. Mur. 18.) Liv. 
xxvi. 22. Hence prcerogativa is put for a sign or pledge, a fa- 
vourable omen or intimation of any thing future ; Supplicatio est 



86 ROMAN ANTIQUITIES. 

prcErogaliva triumphi, Cic. Fam. xv. 5. so i. Act. Verr. 9. Plin. vii. 
16. xxxvii. 9. s. 46. for a precedent or example, Liv. iii. 51. a 
choice ; Id. xxi. 3. or favour, Id. xxviii. 9. and among later writers 
for a peculiar or exclusive privilege. 

When tribes are mentioned in the Comitia Centuriata, Liv, x. 13. 
it is supposed, that after the centuries were included in the tribes, 
the tribes first cast lots ; and that tribe, which first came out, 
was called PRiEROGATIVA TRIBUS ; and then, that the cen- 
turies of that tribe cast lots which should be the prcerogativa centu- 
ria. Others think, that, in this case, the names of tribes and cen- 
turies are put promiscuously, the one for the other. But Cicero 
calls centuria, pars trihus ; and that, which is remarkable, in the Co- 
mitia Tributa, pro Plane. 20. 

Anciently the citizens gave their votes viva voce ; and in creating 
magistrates, they seem each to have used this form ; Consules, 
&c. NOMiNo vel Dice, Liv. xxiv. 8. & 9. in passing laws ; Uti ro- 
GAS, voLO vel JUBEO, Clc. de. Legg. ii. 10. The will or command 
of the people was expressed by velle, and that of the senate by cen- 
SERE, Sail. Jug. 21. hence leges magis trains que rogare, to make, 
Liv. I. 17. 

Sometimes a person nominated to be consul, &c. by the praeroga- 
tive century, declined accepting, Liv. v. 18. xxvi. 22. or the ma- 
gistrate presiding disapproved of their choice, and made a speech to 
make them alter it. Whereupon the century was recalled by a he- 
rald to give its vote anew ; (in svffragium revocata ; thus, Redite 
IN suFFRAGiuM, Liv. ibid.) and the rest usually voted the same with 
it, {auctoritatem prcerogativm secutce sunt ; eosdem consults cetercR 
cejiturice sine variatione ulla dixerunt,) Liv. xxiv. 8. & 9. In the 
same manner after a bill had been rejected by almost all the centu- 
ries, on a subsequent day, {alteris comitiis,) we find it unanimously 
enacted ; as about declaring war on Philip, Ab hag oratione in 
SUFFRAGIUM Missi, UT rogarat, bellum jusserunt, Liv. xxxi. 8. 

But in later times, that the people might have more liberty in 
voting, it was ordained, by various laws, which were called LEGtiS 
TABELLARItE, that they should vote by ballot ; first in confer- 
ring honours, by the Gabinian law, made A. U. 614. Cic. de Amic. 

12. Plin. Ep. iii. 20. two years after, at all trials, except for trea- 
son, by the Cassian law ; Cic. Brut. 25. and 27. in passing laws, by 
the Papirian law, A. U. 622. and lastly, by the Coelian law, A. U. 
630. also in trials for treason, which had been excepted by the Cas- 
sian law, Cic. de Legg. iii. 16. The purpose of these laws was to 
diminish the influence of the nobility, Ibid. & Cic. Plane. 6. 

The centuries being called by a herald in their order, moved from 
the place where they stood, and went, each of them, into an enclo- 
sure, (SEPTUM vel OVILE,) which was a place surrounded with 
boards, {locus tabulatis inclusus,) and near the tribunal of the con- 
sul. Hence they were said to be intrd vocatce, sc. in ovile, Liv. x. 

13. There was a narrow passage to it raised from the ground, call- 



THE COMITIA CENTURIATA, &c. 87 

ed PONS or PONTICULUS, by which each century went up one 
after another. Suet, Jul, 80. Hence old men at sixty (SEXAGE- 
NARH) were said, deponte dejici ; and were called DEPONTA- 
NI, because, after that age, they were exempted from public busi- 
ness, Varro <^ Festus ; to which Cicero alludes, Rose. Am. 35. But 
a very different cause is assigned for this phrase, both by Varro and 
Festus. 

There were probably as many Pontes and Septa, or Ovilia, as 
there were tribes and centuries. Hence Cicero usually speaks of 
them in the plural ; thus. Pontes lex Maria fecit angustos, de Legg. 
iii. 17. Operm Clodiance pontes occuparunt, Attic, i. 14. Ccepio cum 
bonis viris impetum facit, pontes dejicit, ad Herenn. i. 12. Cum Clo" 
dius in septa irruisset, pro Mil. 15. So miser cb maculavit ovilia Ro^ 
mce, Lucan, Pharsal. ii. 197. 

Some think that each tribe and century voted in its own ovilc, 
Serv. in Virg. Eel. i. 34. But this does not seem consistent with 
what we read in other authors. 

At the entrance of the pons, each citizen received from certain 
officers, called DIRIBITORES, or distributor es, ballots, (tahulcB vel 
tabellce,) on which, if magistrates were to be created, were inscribed 
the names of the candidates, not the whole names, bat only the ini- 
tial letters, Cic. pro Dom. 43. and they seem to have received as 
many tablets as there were candidates. We read of other tables 
being given in, that were distributed, which must have been brought 
from home, Suet. Jul. 80. but as no regard was paid to them, this 
seldom happened. The same thing took place, also under the Em- 
perors, when the right of electing magistrates was transferred from 
the people to the senate, Plin. Ep. iv. 25. 

If a law was to be passed, or any thing to be ordered, as in a trial, 
or in declaring war, &c. they received two tablets ; on the one were 
the letters U. R. i. e. UTl ROGAS, sc. volo ydjubco, I am for the 
law ; and on the other A. for ANTIQUO, i. e. Antiqua probo, nihil 
7iovi statui xolo ; I like the old way, I am against the law. Hence 
aniiquare legem, to reject it. 

Of these tablets every one threw which he pleased into a chest, 
{in. cistam) at the entrance of the ovile, which was pointed out to 
them by the ROGATORES, who asked for the ballots, and an- 
ciently for the votes, when they were given viva voce, Cic. de Di- 
vin. i. 17. ii. 35. Nat. D. ii. 4. Then certain persons, called CUS- 
TODES, who observed that no fraud should be committed in cast- 
ing lots and voting, (in sortitione et suffragiis,) took out {educebant) 
the ballots, and counted the votes by points marked on a tablet^ 
which was called Dirimere suffragia, or Diremptio suffragiorum, 
liUcan. v. 393. whence omne punctum ftrre, for omnibus suffragiis 
renunciari, to gain every vote ; and what pleased the majority, was 
declared by a herald to be the votes of that century. The person 
who told to the consul the vote of his century, {qui centuriam suam 
rogavit, et ejus suffragium retulit ; vel Consuks a centurid sua creates 



88 ROMAN ANTIQUITIES. 

reiiunciavit, retulit) was called ROGATOR, Cic. ib. <^ de Oral. ii. 
64. Thus all the centuries were called one after another, till a ma- 
jority of centuries agreed in the same opinion ; and what they 
judged was held to be ratified. 

The Diribiiores, Rogatores, and Custodes, were commonly per- 
sons of the first rank, and friends to the candidates, or favourers of 
the law to be passed, who undertook these offices voluntarily ; Cic, 
in Pis. 15. post. red. in Sen. 11. Augustus is supposed to have se- 
lected 900 of the equestrian order to be Custodes or Rogatores, (ad 
cusiodiendas cistas suffragiorum,) Plin. xxxiii. 2. s. 7. 

If the points of any century were equal, its vote was not declared; 
but was reckoned as nothing, except in trials, where the century, 
which had uot condemned, was supposed to have acquitted. 

The candidate, who had most votes, was immediately called by 
the magistrate who presided ; and after a solemn prayer, and taking 
an oath, was declared to be elected {renunciatus est) by a herald, 
Cic. pro leg. Manil. 1. pro Murcen. 1. in Rull. ii. 2. Veil. ii. 92. 
Then he was conducted home by his friends and dependents with 
great pomp. 

It was esteemed very honourable to be named first, Cic. pro leg. 
Manil. 1. 

Those who were elected consuls, usually crowned the images of 
their ancestors with laurel, Cic. Mur^ 41. 

When one gained the vote of a century, he was said ferre centu- 
riam, and non ferre vel perdere, to lose it ; so ferre repulsam, to be 
rejected ; hwi ferre suffrogium vel tabellam, to vote ; thus, Meis co- 
mitiis non tabellam vindicem tacitce libertatis, sed vocem vivam tidis- 
tis, Cic. in Rull. ii. 2. 

The magistrates created at the Comitia Centuriata, were smd fieri, 
creari, declarari, nominari, did, renunciari, designari, rogari, <^c. 

In creating magistrates this addition used to be made, to denote 
the fulness of their right : Ut qui optima lege fuerint ; optimo 
Jure ; eo Jure, quo qui optimo, Festiis in Optima lex. Cic. in 
Rull. i. 11. Phil. xi. 12. Liv. ix. 34. 

When a law was passed, it was said perferri ; the centViries 
which voted for it, were said Legem jubere, v. rogation fm acci- 
PERE, Lii\ ii. 57. iii. 15. 63. & alibi passim ^ those who voted 
against it, Antiquare, vetap.e, v. non accipere. Lex rogatur, 
durnfertur^ abrogatur, dum tollitur ; derogatur, legi, v. de lege, 
cum per novam legem aliquid veteri legi detrahitur : subrogatur, 
cum aliquid adjicitur : obrogatur, cum nova lege infirmatur, Ulpian 
and Festus. Ubi duce contrarice leges sunt, semper anliqum abrogat 
nova, the nevi law invalidates the old, Liv. ix. 34. 

Two clauses commonly used to be added to all laws : 1. Si quid 

NON LICUERIT ROGARI, UT EJUS HAC LEGE NIHIL ESSET ROGATUM I 
2. Sl QUID CONTRA ALIAS LEGES EJUS LEGIS ERGO LATUM ESSET, UT 
EI, QUI EAM LEGEM ROGASSET, IMPUNE ESSET, Cic. Att. iii. 23. which 

clause {caput) Cicero calls TRANSLATITIUM, in the law of Cio- 



THE COMITIA CENTURIATA, &c. 89 

dius against himself, because it was transferred from ancient laws, 
ibid. *^ 

This sanction used also to be annexed, Ne quis per saturam ab- 
ROGATO ; i. 6. 7)/?r legem in, qua conjunctim multis de reins una roga- 
tione popidus consulebatur, Festus. Hence Exquirere sententias per 
saturam, i. e. passim, sine certo ordine, by the gross or lump, Sal. 
Jug. 29. In many laws this sanction was added, Qui aliter vel 
SEcus FAXIT V. FECERiT, SACER ESTO ; i. c. ut caput ejus, dim bonis 
ve\famili(% alicui deorum consecraretur v. sacrum esset : that it might 
bo lawful to kill the transgressor with impunity, Liv. ii. 8. iii. 55. 
Cic. pro Balb. 14. 

When a law was passed, it was engraved on brass, and carried to 
the treasury. It used also to be fixed up in public, in a place where 
it might be easily read, {wide de piano, i. e. from the ground, legi 
posset.) Hence In capitolio legum cera liquefacta, Cic. Cat. iii. 8. 
Mec verba minacia fixo cere legebantur, Ovid. Met. i. 3. Fixit leges 
pretio atque refixit, made and unmade, Virg. ^n. vi. 622. Cic. Phil. 
xiii. 3. Fam. xii. 1. 

After the year of the city 598, when the consuls first began to en- 
ter on their office on the first day of January, the comitia for their 
election were held about the end of July, or the beginning of Au- 
gust, unless they were delayed by the intercession of the magistrates, 
or by inauspicious omens. In the time of the first Punic war, the 
consuls entered on their office on the ides of March, and were cre- 
ated in January or February, Liv. passim. The praetors were al- 
ways elected after the consuls, sometimes on the same day, Liv. x. 
22. or the day after, or at the distance of several days, Id. From 
the time of their election, till they entered on their office, they were 
called DESIGNATI. 

The comitia for enacting laws or for trials, might be held on any 
legal day. 

COMITIA TRIBUTA, 

In the Comitia Tributa the people voted, divided into tribes, ac- 
cording to their regions or wards, {ex regionibus et locis,) A. Gell, 
XV. 27. 

The name o^ tribes was derived either from their original number 
three, {a numero ternario,) or from paying tribute {a tribulo,) Liv. i. 
43. or, as others think, from tpittus, tertia pars tribus apud Athemen- 
ses, JEolice T^iTTu?, vnde tribus. 

The first three tribes were called RAMNENSES, or Ramnes, 
TATIENSES or Titienses, and LUCERES. The first tribe was 
named from Romulus, and included the Roman citizens who occu- 
pied the Palatine hill ; the second from Titus Tatius, and included 
the Sabines, who possessed the Capitohne hill ; and the third from 
one Lucumo, a Tuscan, or rather from the grove (a luco) which Ro- 
mulus turned into a sanctuary, [asylum retulit, Virg. ^n. viii. 342.) 
and included all foreigners, except the Sabines. Each of these 

12 



90 ROMAN ANTIQUITIES. 

tribes at first had its own tribune or commander, {Tribunus Yelprw- 
fectusiifDlonys. iv. and its own augur, Liv, x. 6. 

Tarquinius Priscus doubled the number of tribes, retaining the 
same names ; so that they were called Ramnenses primi and Ram,' 
nenses secundi^ or posieriores, &c. 

But as the Luceres in a short time greatly exceeded the rest in 
number, Servius Tullius introduced a new arrangement, and distri- 
buted the citizens into tribes, not according to their extraction, but 
from their local situation. 

He divided the citv into four regions or wards, called PALATI- 
NA, SUBERRANA; COLLINA, and ESQUILINA, the inhabit- 
ants of which constituted as many tribes, and had their names from 
the wards which they inhabited. No one was permitted to remove 
from one ward to another, that the tribes might not be confounded, 
Dionys. iv. 14. On which account certain persons were appointed 
to take an account where every one dwelt, also of their age, for- 
tune, &c. These were called city tribes, (TRIBUS URBANiE,) 
and their number always remained the same. 

Servius at the same time divided the Roman territory into fifteen 
parts, (some say sixteen, and some seventeen,) which were called 
country tribes, (TRIBUS RUSTICtE,) Dionys, iv. 15. 

In the year of the city 258, the number of tribes was made twen- 
ty-one, Liv. ii. 21. Here, for the first time, Livy directly takes no- 
tice of the number of tribes, although he alludes to the original in- 
stitution of three tribes, x. 6. Dionysius says, that Servius insti- 
tuted 31 tribes, iv. 15. But in the trial of Coriolanus, he only men- 
tions 21 as having voted, vii. 64. the number of Livy, viii. 64. 

The number of tribes was afterwards increased on account of the 
addition of new citizens at difl^erent times, Liv. vi. 5. vii. 15. viii. 
17. ix. 20. X. 9. Epit. xix. to thirty-five, Liv. xxiii. 13. Ascon. in Cic, 
Verr. i. 5. which number continued to the end of the repubhc, Liv. 
i. 43. 

After the admission of the Italian states to the freedom of the 
city, eight or ten new tribes are said to have been added, but this 
was of short continuance ; for they were all soon distributed among 
the thirty-five old tribes. 

For a considerable time, according to the institution of Servius 
Tullius, a tribe was nothing else but the inhabitants of a certain re- 
gion or quarter in the city or country ; but afterwards this was al- 
tered ; and tribes came to be reckoned parts not of the city or 
country, but of the state, {nonurbis sed civiiatis.) Then every one 
leaving the city tribes wished to be ranked among the rustic tribes. 
This was occasioned chiefly by the fondness of the ancient Romans 
for a country life, and from the power of the censors, who could in- 
stitute new tribes, and distribute the citizens, both old and new, into 
whatever tribes they pleased, without regard to the place of their 
habitation. But on this subject writers are not agreed. In the year 
449, Q, Fabius separated the meaner sort of people from all the 



THE COMITIA CENTURIATA, &c. 91 

tribes through which they had been dispersed by App. Claudius, 
and included them in the four city tribes, Liv. ix. 46. Among these 
were ranked all those, whoso fortunes were below a certain valu- 
ation, called PROLETARII : and those, who had no fortune at all, 
CAPITE CENSI, Gell. xvi. 10. From this time, and perhaps be- 
fore, the four city tribes began to be esteemed less honourable than 
the thirty-one rustic tribes ; and some of the latter seem to have 
been thought more honourable than others, Cic. pro Balbo, 25. Plin, 
xvii. 3. Hence, when the censors judged it proper to degrade 
a citizen, they removed him from a more honourable to a less 
honourable tribe, {trihu movebant ;) and whoever convicted any one 
of bribery, upon trial, obtained by law as a reward, if he chose, the 
tribe of the person condemned, Cic. ibid. 

The rustic tribes had their names from some place ; as, Tribus 
Aniensis, Arniensis, Cluvia, Crustumina, Falerina, Lemonia, Mcecia, 
Pomptina, Quirina, Romilia, Scaptia, &c. or from some noble 
family ; as, Aimilia, Claudia, Cluentia, Cornelia, Fabia, Horatia, Ju- 
lia, Minucia, Papiria, Sergia, Tereniina, Veturia, &c. 

Sonietimes the name of one's tribe is added to the name of a per- 
son, as a surname ; thus, L. Albius Sex. F. Quirina, Cic. Quint. 6. 
M. Oppius, M. F. Terentina, Cic. Fam. viii. 8. Att. iv. 16. 

The Comitia Tributa began first to be held two years after the 
creation of the tribunes of the people, A. U. 263, at the trial of Co- 
riolanus, Dionys, vii. 59. But they were more frequently assembled 
after the year 282, when the Publilian law was passed, that the Ple- 
beian magistrates should be created at the Comitia Tributa, Liv. ii. 
56. 

The Comitia Tributa were held to create magistrates, to elect cer- 
tain priests, to make laws, and to hold trials. 

At the Comitia Tributa were created all the inferior city magis- 
trates, as the iEdiles, both curule and Plebeian, the tribunes of the 
commons, quaestors, &c. ; all ihe provincial magistrates, as the pro- 
consuls, propraetors, &c. ; also commissioners for settling colonies, 
&c. ; the Pontifex Maximus, and after the year 650, the other pon- 
tifices, augures feciales, &c. by the Domitian law. Suet. JVer. 2. For, 
before that, the inferior priests were all chosen by their respective 
colleges, (a collegHs suis cooptabantur.) But at the election of the 
pontifex maximus, and the other priests, what was singular, only 
seventeen tribes were chosen by lot to vote, and a majority of them, 
namely nine, determined the matter, Cic. Rull. ii. 7. 

The laws passed at these comitia were called PLEBI8CITA, 
{qu(R plebs suo suffragio sine patribus jussit, plebeio magistratu ro- 
gante, Festus,) which at first only bound the Plebeians, but after 
the year 306, the whole Roman people, Liv. iii. 55. 

Plebiscita were made about various things : as about making 
peace, Liv. xxxiii. 10. about granting the freedom of the city, about 
ordering a triumph when it was refused by the senate, Liv. iii. 63. 
about bestowing command on general;; on the day of their triumph, 



92 ROMAN ANTIQUITIES. 

Liv. xxvi. 21. about absolving from the laws, ■which in later times 
the senate assumed as its prerogative, Ascon. in Cic. ad Cornel. &c. 

There were no capital trials at the .Comitia Tributa ; these were 
held only at the Centuriata : but about imposing a fine ; Liv. iv. 41. 
And if any one accused of a capital crime did not appear on the day 
of trial, the Comitia Tributa were sufficient to decree banishment 
against him, (id ei justum exilium esse scivit plebs,) Liv. xxvi. 3. 
XXV. 4. 

All those might vote at the Comitia Tributa, who had the full 
right of Roman citizens, whether they dwelt at Rome or not. For 
every one was ranked in some tribe, in which he had a right to vote, 
Liv. xlv. 15. Some had two tribes ; one in which they were born, 
and another, either by right of adoption, as Augustus had the Fabi- 
an and Scaptian tribes, Suet. Aug. 40. or as a reward for accusing 
one of bribery, {iegis de ambitu prcemio,) Cic. pro Balbo. 25. 

At the Comitia Tributa the votes of all the citizens were of equal 
force, and therefore the patricians hardly ever attended them. On 
which account, as some think, they are said to have been entirely 
excluded from them, Liv, ii. 56. & 60. But about this writers are 
not agreed. 

The comitia^ for creating tribunes and plebeian eediles, were held 
by one of the tribunes, to whom that charge was given, either by 
lot or by the consent of his colleagues ; Liv. iii. 64. but for creating 
■curule a^diles and other inferior magistrates, by the consul, dictator, 
or military tribunes ; for electing priests, by the consul only, Cic. 
ad Brut. 5. 

The Comitia Tributa, for passing laws and for trials, were held 
by the consuls, praetors, or tribunes of the commons. When the 
consul was to hold them, he by his edict summoned the whole Ra- 
man people ; but the tribunes summoned only the plebeians, GelL 
XV. 17. Hence they are sometimes called comitia populi, and some- 
times concilium plebis : In the one the phrase was populus jussit, in 
the other plebs scivit. But this distinction is not always observed. 

The Comitia Tributa, for electing magistrates, were usually held 
in the Campus Martins ; Cic. Att. i. 1. iv. 3. Ep. Fam. vii. 30. but 
for passing laws and for trials, commonly in the forum ; sometimes 
in the capitol ; Liv. xxxiii. 10. and sometimes in the circus Flami- 
nius, Liv. xxvii. 21. anciently called prata Flamima, or circus Ap- 
polinaris ; Id. iii. 63. where also Q. Furius, the Pontifex Maximus, 
held the comitia for electing the tribunes of the commons, after the 
expulsion of the Decemviri, Liv. iii. 54. 

In the forum, there w^ere separate places for each tribe, marked 
out with ropes, Dionys. vii. 59. 

In the Campus Martius, Cicero proposed building, in Caesar's 
name, marble enclosures {septa marmorea,) for holding the Comitia 
Tributa, Cic. Att. iv. 16. which work was prevented by various 
causes, and at last entirely dropped upon the breaking out of the 
civil wars ; but it was afterwards executed by Agrippa, Dio, liii. 23. 
P/m. xvi. 40. 



THE COMITIA CENTURIATA, &c. 93 

The same formalities almost were observed in summoning and 
holding the Comitia Tributa as in the other comitia, only it was not 
requisite for them to have the authority of the senate, or that the 
auspices should be taken. But if there had been thunder or light- 
ning, (si tonuissel aut fnlgurasset,) they could not be held that day. 
For it was a constant rule from the beginning of the republic, Jove 
FULGENTE, CUM POFULO AGi NEFAS ESSE, Cic. in Vatin. 8. ComiHo- 
rum solum vitium est fulmen, Id. de Div. ii. 18. 

The Comitia Tributa for electing magistrates, after the year 598, 
were held about the end of July, or the beginning of August ; for 
electing priests, when there was a vacancy, and for laws and trials 
on all comitial days. 

Julius Caesar first abridged the liberty of the comitia. He shared 
the right of creating magistrates with the people ; so that, except 
the competitors for the consulship, whose choice he solely deter- 
mined himself, the people chose one halt", and he nominated {edebat) 
the other. This he did by billets dispersed through the several 
tribes to this effect, Caesar Dictator illi tpibui. Commendo 

VOBIS ILLUM, ET ILLUM, UT VESTRO SUFFRAGIO SUAM DIGNITATEM 

TENEANT, Suet. Cces. 41. 

Augustus restored this manner of election, after it had been drop- 
ped for some time during the civil wars which followed Caesar's 
death. Suet, Aug, 40. Dio, liii. 31. 

Tiberius deprived the people altogether of the right of election, 
Juvenal, x. 77. and assuming the nomination of the consuls to him- 
self, Ovid, Pont, iv. 9. 67. he pretended to refer the choice of the 
other magistrates to the senate, but in fact determined the whole 
according to his own pleasure ; Tacit, Ann, i. 15. Dio, Cass. Iviii. 
20. Caligula attempted to restore the right of voting to the people, 
but without any permanent effect, Suet. Calig. 16. The comitia^ 
however, were still for form's sake retained. And the magistrates, 
whether nominated by the senate or the prince, appeared in the 
Campus Martius, attended by their friends and connexions, and 
were appointed to their office by the people, with the usual solem- 
nities, Plin. Paneg. 63. 

But the method of appointing magistrates under the Emperors, 
seems to be involved in uncertainty, Suet. Cms. 40. 76. 80. Aug. 40. 
56. J^'er, 43. Vit, 11. Vesp, 5. Dom, IQ. Tacit. Ann. i. 15. HisL 
i. 77. as indeed Tacitus himself acknowledges, particularly with re- 
spect to the consuls, Annal. i. 81. Sometimes, especially under 
good emperors, the same freedom of canvassing was allowed, and 
the same arts practised to ensure success, as under the republic, 
Plin. Ep. vi. 6. 9. viii. 23. Trajan restrained the infamous largesses 
of candidates by a law against bribery, (ambitus lege ;) and by or- 
daining, that no one should be admitted to sue for an office, who 
had not a third part of his fortune in land, which greatly raised the 
value of estates in Italy, Id, vi. 19. When the right of creating 
magistrates was transferred to the senate, it at first appointed them 



94 ROMAN ANTIQUITIES. 

by open votes ; {apertis refragiis) but the noise and disorder which 
this sometimes occasioned, made the senate, in the time of Trajan, 
adopt the method of balloting, {ad tacita suffragia decurrere,) Plin. 
Ep. iii. '20. which also was found to be attended with inconveniences, 
which Pliny says, the Emperur alone could remedy. Id. iv. 25. 
Augustus followed the mode of Julius Caesar at the Comitia, Dio. 
liii. 21. although Mascenas, whose counsel he chiefly followed, ad- 
vised him to take this power altogether from the people, Dio. Iii. 30. 
As often cis he attended at the election of magistrates, he went round 
the tribes, with the candidates whom he recommended, {cum suis 
candidatis,) and solicited the votes of the people in the usual man- 
ner. He himself gave his vote in his own tribe, as any other citi- 
zen, (ut unus e populo,) Suet. Aug. 56. 

ROMAN MAGISTRATES. 
Different forms of Government , and dfferent Magistrates at different 

times. 

Rome was first governed by kings ; but Tarquin, the 7th king, be- 
ing expelled for his tyranny, A. IJ. 244, the regal government was 
abolished, and two supreme magistrates were annually created in 
place of a king, called CONSULS. In dangerous conjunctures a 
DICTATOR was created with absolute authority ; and when there 
was a vacancy of magistrates, an INTERREX was appointed to 
elect new ones. 

In the year of the city 301, Liv. iii. 33. or according to othiers, 
302, in place of consuls, ten men (DECEMVIRI) were chosen to 
draw up a body of laws, {ad leges scnbtndas.) But their power 
lasted only two years ; and the consular government was again 
restored. 

As the consuls were at first chosen only from the patricians, and 
the Plebeians wished to partake of that dignity ; after great contests 
it was at last determined, A. U. 310. that instead of consuls, six su- 
preme magistrates should be annually created ; three from the pa- 
tricians, and three from the plebeians ; who were called MILITARY 
TRIBUNES, {Tribuni mil lium considari pot estate,) Dionys. xi. 60. 
There were not, however, alw^ays six tribunes chosen ; some- 
times only three, Liv. iv. 6. 16. 25. and 42. sometimes four, 
ib. 31. 35. & 44. and sometimes even eight, Id. v. I. Nor was 
one half always chosen from the patricians, and another half 
from the plebeians. They were, on the contrary, usually all pa- 
tricians ; Id. iv. 25. 44. 50. &lc. seldom the contrary, Liv. v. 12. 
13. 18. vi. 30. For upwards of seventy years, sometimes consuls 
were created, and sometimes military tribunes, as the influence of 
the patricians or plebeians was superior, or the public exigencies re- 
quired ; till at last the plebeians prevailed, A. U. 387. that one of 
the consuls should be chosen from their order, and afterwards that 
both consuls might be plebeians ; which however was rarely the 
case, but the contrary. From this time the supreme power remain- 



ROMAN MAGISTRATES. 95 

ed in the hands of the consuls till the usurpation of Sylla, A. U. 672, 
who having vanquished the party of Marius, assumed to himself ab- 
solute authority under the title of Dictator, an office which had been 
disused above 120 years. But Sylla having voluntarily resigned his 
power in less than three years, the consular authority was again re- 
stored, and continued, till Julius Caesar, ha\«!ng defeated Pompey 
at the battle of Pharsalia, and having subdi^d the rest of his oppo- 
nents, in imitation of Sylla, caused himself to be created perpetual 
dictator, and oppressed the liberty of his country, A. U. 706. After 
this the consular authority was never again completely restored. It 
was indeed attempted, after the murder of Caesar, in the senate- 
house on the ides of March, A. "(J. 710. by Brutus and Cassius and 
the other conspirators ; but M. Antonius, who desired to rule in 
Caesar's room, prevented it. And Hirtius and Pansa, the consuls 
of the following year, being slain at Mutina, Octavius, who was af- 
terwards called Augustus, Antony, and Lepidus, shared between 
them ihe provinces of the republic, and exercised absolute power 
under the title of TRIUMVIRI reipubliccB constituendcB. 

The combination between Pompey, Caesar, and Crassus, com- 
monly called t\\Q first triumvirate, which was formed by the contri- 
vance of Caesar, in the consulship of Metellus and Afranius, A. U. 
693. Veil. Pat. ii. 44. Horat. Odd. ii. I. is justly reckoned the origi- 
nal cause of this revolution, and of all the calamities attending it. 
For the Romans, by submitting to their usurped authority, showed 
that they were prepared for servitude. It is the spirit of a nation 
alone which can preserve liberty. When that is sunk by general 
corruption of morals, laws are but feeble restraints against the en- 
croachments of power. Julius Caesar would never have attempted 
what he effected, if he had not perceived the character of the Ro- 
man people to be favourable to his designs. 

After the overthrow of Brutus and Cassius at the battle of Phi- 
lippi, A. U. 712. Augustus on a slight pretext deprived Lepidus of 
his command, and having vanquished Antony in a sea-fight at Ac- 
tium, became sole master of the Roman empire, A. U. 723. and 
ruled it for many years, under the title of PRINCE or EMPEROR, 
(Princeps vel Imperator.) The hberty of Rome was now entirely 
extinguished ; and, although Augustus endeavoured to establish a 
civil monarchy, the government perpetually tended to a military 
despotism, equally fatal to the characters and happiness of prince 
and people. 

In the beginning of the republic, the consuls seem to have been 
the only stated magistrates, Liv. iv. 4. ; but as they, being engaged 
almost in continual wars, could not properly attend to civil affairs, 
various other magistrates were appointed at different times, praetors, 
censors, aediles, tribunes of the ceremonies, &:c. ib. Under the em- 
perors, various new magistrates were instituted. 

Of MAGISTRATES in General. 
A MAGISTRATE is a pcrson invested with public authority, {Magis- 



96 ROMAN ANTIQUITIES. 

tratus est, qui prcesit, Cic. de Legg. iii. I. Dicitur magislralus a 
magisiro. Magisier autem est, qui plus aliis potest, Festus.) 

The office of a magistrate in the Roman repubhc was different 
from what it is among us. The Romans had not the same discrimi- 
nation betwixt pubhc employments that w^e have. The same per- 
son might regulate th€> police of the city, and direct the affairs of 
the empire, propose lav^s, and execute them, act as a judge or a 
priest, and command an army, Liv. x. 29. et alibi passim. The ci- 
vil authority of a magistrate was called magisiralus or potestas, his 
judicative power jurisdiction and his military command imperium. 
Anciently all magistrates, who had the command of an army, were 
called PRtETORES ; {vel quod cxtaros prcBircnt, vel quod aliis 
proif'ssentj Ascon. in Cic.) 

MAGISTRATUS either signifies a magistrate ; as, Magistratus 
jussit ; or a magistracy ; as, Titio magistratus datus est, Festus. 
So POTESTAS ; as Habere potestatem, gerere potestates, esse in v. 
cum potestate, to bear an office ; Gabiorum esse potestas, to be a ma- 
gistrate of Gabii, Juvenal x. 99. Juris dictionem tantum in urbe de- 
legari ^nagistratibus solitam, etiam, per provincias, potestatibus 
demandavit, Suet. Claud. 24. Magistratus Vv^as properly a civil 
magistrate or magistracy in the city ; and Potestas in the pro- 
vinces {Magistratus, vel is, qui in potestate aliqud sit, ut putd pro- 
consul, vel prat or, vel alii, qui provincias regunt, Ulpian.) But this 
distinction is not always observed, Sallust. Jug. 63. 

When a magistrate was invested with military command by the 
people, in whose power only it was, he was said esse in v. cum im- 
perio, injusto v. summo imperio. {Cum imperio esse dicitur cui no- 
minatim est a populo mandatum imperium, Festus.) T\ms, Abstinen- 
tiam ncque in imperiis, neque in magistratibus proistitit, i. e. neque 
cum exercitui prizes sit ^ jus belli gerendi haberet, neque cum munera 
civilia in urbe gerrct. Suet. Caes. 54. Nemine cum imperio (military 
command) aid magisiratu (civil authority,) tendente quoquam, quirt 
Rhodum diverteret. Id. Tib. 12. So magistratus 8/ imperia capere, to 
enjoy offices civil and military. Id. Cces. 75. But we find Esse in im- 
perio, simply for Esse consulem, Liv. iv. 7. and all those magistrates 
were said Habere imperium, who held great authority and power :) 
{qui et coercere aliquem possent, et jubere in carcerem duci, Paull. 1. 
2. ff. de in jus vocando,) as the dictators, consuls, and praetors. 
Hence they were said to do any thing pro imperio, Liv. ii. 5Q. to 
which Terence alludes, Phorm, i. 4. 19. w^hereas the inferior ma- 
gistrates, the tribunes of the commons, the ^diles, and quaestors, 
were said esse sine imperio^ and to act only pro potestate, Liv. ii. 56. 
iv. 26. Sometimes potestas and imperium are joined : thus, Togatus 
in republica cum potestate imperioque versatus est, Cic. Phil. i. 7. 

Division of MAGISTRATES. 

Tfie Roman magistrates were variously divided ; into ordinary 
and extraordinary, greater and less, curule and not curule ; also, into 
patrician and plebeian, city and provincial magistrates. ^ 



DIVISION OF MAGISTRATES. 97 

The MAGISTRATUS ORDINARII were those, who were cre- 
ated at stated times, and were constantly in tlie republic ; the EX- 
TRAORDINARIl not so. 

The MAGISTRATUS MAJORES were those who had, what 
were called, the greater auspices, {quce, minoribus magistrata essent, 
Gell. xiii. 15.) The magistratus majores ordinarii were the consuls, 
prajtors, and censors, who were created at the Comitia Centuriata : 
The extraordinarii were the dictator, the master of the horse, (ma- 
gister eguitum,) the interrex, the prefect of the city, &c. 

The MAGISTRATUS MINORES ORDINARII were the tri. 
bunes of the commons, the aediles, and queestors : EXTRAORDI- 
NARII, the prcefectm annoncc, duumviri navales, &c. 

The MAGISTRATUS CURULES were those, who had the 
right of using the sella curidis or ciiair of state, namely, the dicta- 
tor, the consuls, praetors, censors, and curule sediles. All the rest, 
who had not that right, were called NON CURULES, {Curules 
magistratus appellati sunt, quia curru vekebantur, Festus : In quo cur- 
ru sella curulis erat, supra quam considerent, Gell. iii. 18.) The sel' 
la curulis was anciently made of ivory, or at least adorned with 
ivory ; hence Horace calls it, curule ebur, Ep. i. 6. 53. The magis- 
trates sat on it in their tribunal on all solemn occasions. 

In the beginning of the republic, the magistrates were chosen on- 
ly from the patricians, but in process of time also from the plebeians, 
except the interrex alone, (quern et ipsum patricium esse, et a patri- 
ciis prodi, necesse, erat, Cic. pro Domo, 14.) The plebeian magis- 
trates were the sediles and tribunes of the commons. 

Anciently there was no certain age fixed for enjoying the different 
offices, Cic. Phil. v. 17. A law was first made for this purpose (LEX 
ANNALIS) by L. Villius, or (L. Julius,) a tribune of the commons, 
A. U. 573, whence his family got the surname of annales, Liv. xl. 
43. although there seems to have been some reo-ulation about that 
matter formerly. Id. xxv. 2. What was the year fixed for enjoy- 
ing each office is not fully ascertained. See p. 16. It is certain that 
the pra3torship used to be enjoyed two years after the aedileship, 
Cic. Famil. x. 25. and that the 43d was the year fixed for the con- 
sulship, Cic. Phil. V. 17. If we are to judge from Cicero, who fre- 
quently boasts that he had enjo3^£d every office in its proper year, 
(.96 suo quemque magistratum anno gessisse,) the years appointed for 
the diflferent offices by the lex Villia were, for the quasstorship thir- 
ty-one, for the cedileship thirty-seven, for the prsetorship forty, and 
for the consulship forty-three. But even under the republic popu- 
lar citizens were freed from these restrictions, ibid, and the empe- 
rors granted that indulgence {annos remiitebant) to whomsoever they 
pleased, Plin. Ep. vii. 16. or the senate to gratify them, Dio. liii. 28. 
The lex annalis, however, was still observed, Plin. Ep. iii. 20. 

It was ordained by the law of Romulus, that no one should enter 
6n any office, unless the birds should give favourable omens : And 
by the CORNELIAN LAW, made bv Sulla, A. U. 673. that a cer- 

13 



98 ROMAN ANTIQUITIES. 

tain order should be observed in obtaining preferments ; that no one 
should be praetor before being quaestor, nor consul before being 
praetor ; nor should enjoy the same office within ten years, nor two 
different offices in the same year, Appian. de Bell. Civ. i. p. 412. Liv. 
xxxii. 7. Cic. Phil. xi. 5. Liv^ viii. 40. But these regulations also 
were not strictly observed. 

All magistrates were obliged, within five days after entering on 
their office, to swear that they w^ould observe the laws, {in leges ju- 
rare ;) Liv. xxxi. 5. and after the expiration of their office, they 
might be brought to a trial, if they had done any thing amiss, Liv. 
xxxvii. 57. Suet. Jul. 23. 

KINGS. 

Rome* was at first governed by kings, not of absolute powder nor 
hereditary, but limited and elective. They had no legislative au- 
thority, and could neither make war nor peace without the concur- 
rence of the senate and people,! Dionys. ii. 13. Sallust. Catilin. 6. 

The kings of Rome were also priests, and had the chief direction 
of sacred things, Dionys. ii. 14. as among the Greeks. Virg. Mn. 
iii. 80. Cic. Divin. i. 40. 

The badges of the kings were the Trabea, i. e. a white robe adorn- 
ed with stripes of purple, or the toga prcBtexta, a white robe fringed 
with purple, a golden crown, an ivory sceptre, the sella curulis, and 
twelve lictors, w^ith the fasces and secures, i. e. carrying each of them 
a bundle of rods, with an axe stuck in the middle of them. 

The badges of the Roman magistrates were borrowed from the 
Tuscans, Liv. i. 8. Flor. i. 5. Sail. Cat. 51. Jin. Dionys. iii. 61. Strab, 
V. p. 220. 

According to Pliny, Romulus used only the trabea. The toga 
prcetexta was introduced by Tulius Hostilius, and also the latus da- 
-vus, after he had conquered the Tuscans, Plin. ix. 39. s. 63. viii. 
48. s. 74. 

The regal government subsisted at Rome for 243 years, under 

* In early times, the science of government, the most intricate branch of human 
knowledge, because attainable only by long experience and deep reflection, must 
have been very imperfect. The complicated provisions, and intricate combinations, 
necessary for securing permanency to a republican government, require a degree 
of political refinement and depth of foresight, beyond the reach of rude tribes of 
Barbarians, trained only to the exercises of the chase ; or inured to a species of pi- 
ratical warfare ; the image of the hunter's toil, of his address, and of his boldness. 
The regal, therefore, the most simple form of government, was adopted at Rome. 

i These things might be expected from the original constitution of the Roman 
state. The daring spirits, Avho at first associated themselves to Romulus, or who af- 
terwards flocked to Rome, in hopes of ameliorating their fortunes, or of gratifying 
their ambition, would readily see the necessity of a supreme head; but Avould not 
have easily submitted to be despoiled of that power, which they had individually ex- 
ercised over their respective followers, Avhile they lived in a state of independence, 
and carved out for themselves and their attendants a scanty and precarious subsist- 
ence by their prowess or address. The subordinate classes, constituting the body of 
the people, long habituated to live under little restraint, also claimed and obtained a 
share in the government. 



KINGS. 99 

seven kings, Romulus, Mima Pompilius, Tullus Hostilius, Ancus 
MarciuSy L. Tarquinius Prisons, Servius TuUius, and L. Tarquinius, 
surnamed SUPERBUS, from his behaviour : all of whom, except 
the last, so reigned, that they are justly thought to have laid the 
foundations of the Roman greatness, Liv. ii. 1. Tarquin being uni- 
versally detested for his tyranny and cruelty, was expelled the city 
with his wife and family, on account of the violence offered by his 
son Sextus to Lucretia, a noble lady, the wife of Collatinus. This re- 
volution was brought about chiefly by means of L. Junius Brutus. 

The haughtiness and cruelty of Tarquin inspired the Romans with 
the greatest aversion to regal government, which they retained ever 
afterwards. Hence regie facere, to act tyrannically, regii spiritus, 
regia superbia, &c. 

The next in rank to the king was the TRIBUNUS, or PRiEFEC- 
TUS CELERUM, who commanded the horse under the king^ as 
afterwards the magister equitem did under the dictator. 

When there was a vacancy in the throne, (INTERREGNUM,) 
which happened for a whole year after the death of Romulus, on 
account of a dispute betwixt the Romans and Sabines, about the 
choice of a successor to him, the senators shared the government 
among themselves. They appointed one of their number, who 
should have the chief direction of affairs, with the title of INTER- 
REX, and all the ensigns of royal dignity for the space of five days ; 
after him another, and then another, till a king was created, Liv. i. 
17. Dionys. ii. 57. 

Afterwards under the republic an interrex was created to hold the 
elections, when there were no consuls or dictator ; Liv. iii. 55. which 
happened either by their sudden death, or when the tribunes of the 
commons hindered the elections by their intercession, Liv. vi. 35. 

ORDIKARY MAGISTRATES. 
I. CONSULS. 

1. The first Creation, different names, and badges of 

CONSULS. 

After the expulsion of the kings, A. U. 244. two supreme magis- 
trates were annually created with equal authority ; that they might 
restrain one another, and not become insolent by the length of their 
command, Cic. post. red. in Sen. 4. Eutrop. i. 9. 

They were anciently called PR^ETORES, Liv. iii. 55. Festus ,- 
also Impera TORES, Sailust. Cat. 6. or JUDICES, Farro. de Lat. 
Ling.Y. 7. Liv. iii. 55. afterwards CONSULES, either from their 
consulting for the good of the state, {a reipubliccB consulendo,) Cic. 
Pis. 10. Flor. i. 9. or from consulting the senate, (a consulendo se- 
natum,) Cic. de Legg. iii. 3. and people, Varr. L. L. iv. 14. or from 
their acting as judges, {a judicando) Quinctilian. i. 9. From their 
possessing supreme command, the Greeks called them 'TIIATOI. 

If one of the consuls died, another was substituted (subrogatus vel 



100 ROMAN ANTIQUITIES. 

suffectus esif) in his room, for the rest of the year ; but he could not 
hold the comilia for electing new consuls, Liv. xli. 18. 

The insignia of the consuls v/ere the same with those of the kings, 
except the crown; namely, the iogaprretcxta, sella curulis, the 
sceptre or ivory staff, {scipio eburneus,) and twelve lictors with the 
fasces and secwes. 

Within the city the lictors went before only one of the consuls, 
Lav. ii. 1. and that commonly for a month alternately (mensibus aU 
ternis). A public servant, called accensus, went before the other 
consuls, and the lictors followed ; which custom, after it had been 
long disused, Julius Caesar restored in his first consulship, Suet. Jul, 
20. He who was eldest, or had most children, or who was first 
elected, or had most suffrages, had the fasces first, Gcll. ii. 15. Liv, 
ix. 8. According to Dionysius the lictors at first preceded both 
consuls, and were restricted to one of them by the law of Valerius 
Poplicola, lib, v. 2. We read in I^ivy, of 24 lictors attending the 
consuls, ii. 55. but this must be understood without the city. 

2. The Pozoer of the CONSULS. 

As the consuls at first had almost the same badges with the kings, 
so they had nearly the same power, Liv. ii. 1. But Valerius, called 
POPLICOLA, (a populo colendo,) took away the securis from the 
fasces f (securim fascibus ademit,) i. e. he took from the consuls the 
power of life and death, and only left them the right of scourging, at 
least within the city, Dionys. v. 19. for without the city, when in- 
vested with military command, they still retained the securis^ i. e. 
the right of punishing capitally, Liv. xxiv. 9. Dionys. v. 59. 

When the consuls commanded different armies, each of them had 
the fasces mid securis ^ but when they both commanded the same 
army, they commonly had them for a day alternately, alternis impe- 
riiabant,} Liv. xxii. 41. 

Poplicola likewise made a law, granting every one the liberty of 
appealing from the consuls to the people ; and that no magistrate 
should be permitted to punish a Roman citizen who thus appealed ; 
Liv. ii. 8. which law was afterwards once and again renewed, and 
always by persons of the Valerian family. Id. iii. 55. x. 9. But this 
privilege was also enjoyed under the kings, Liv. i. 26. viii. 35. 

Poplicola likewise ordained, that, when the consuls came into an 
assembly of the people, the lictors should lower the fasces in token 
of respect ; Liv. ii. 7. and also that, whoever usurped an office with- 
out the consent of the people, might be slain with impunity, Dionys. 
V. 19. But the power of the consuls was chiefly diminished by the 
creation of the tribunes of the commons ; who had a right to give a 
negative to all their proceedings, (onmibus actis iritercedere.) Still, 
however, the power of the consuls was very great, and the consul- 
ship was considered as the summit of all popular preferment, {hono- 
rum populi finis,) Cic. pro Plane. 25. 

The consuls were at the head Of the \Yhole republic, Cic, pro Mw\ 



CONSULS. 101 

32. All the other magistrates were subject to them, except the tri- 
bunes of the commons. They assembled the people and the senate, 
laid before them what they pleased, and executed their decrees. 
The laws which they proposed and got passed, were commonly call- 
ed by their name. They received all letters from the governors of 
provinces, and from foreign k!iigs and states, and gave audience to 
ambassadors. The year was named after them, as it used to be at 
Athens from one of the Archons, Cic. de Fat. 9. Thus, M. Tullio 
Cicerone et L. Antonio Consulibus, marked the 690th year of Rome. 
Hence nurnerare multos consules, for annos, Sen. Ep. 4. Bis jam 
pcene tibi consul trigesimus instat, You are near s?xty years old. Mar- 
tial, i. 16. 3. And the consuls were said, Aperire annum, faslosque 
reserare, Plin. Pan. 58. 

He who had most suffrages was called CONSUL PRIOR, and 
his name was marked first in the calendar, {in fastis.) He also had 
the fasces first, and usually presided at the election of magistrates 
for the next year. 

Everybody went out of the way, uncovered their heads, dismount- 
ed from horseback, or rose up to the consuls, as they passed by, 
Sen. Ep. 64. If any one failed to do so, and the consul took notice 
of it, he was said to order the lictor ANIMADVERTERE, Liv. 
xxiv. 44. Suet. Jul. 80. Acilius the consul ordered the curule chair 
of Lucullus the Praetor to be broken in pieces, when he was admi- 
nistering justice, because he had not risen up to him when passing 
by, Dio. xxxvi. 10. & 24. When a Prsetor happened to meet a con- 
sul, his lictors always lowered their fasces, Dionys. Yiii. 44. 

In the time of war, the consuls possessed supreme command. 
They levied soldiers, and provided what was necessary for their 
support. They appointed the military tribunes, or tribunes of the 
legions, (in part ; for part was created by the people. See Lex At- 
tilia,) the centurions and other officers, Cic. de Leg:g. iii. 3. Polyh. 
vi. 34. 

The consuls had command over the provinces, Cic. Phil. iv. 4. 
and could, when authorized by the senate, call persons from thence 
to Rome, {Romam evocare, excire, v. accire,) and punish them, Cic, 
in Verr. i. 33. Liv. iii. 4. xxix. 15. They had so great authorityy 
that kings, and foreign nations, in alliance with the republic, were 
considered to be under their protection, Cic. pro Sext. 30. 

In dangerous conjunctures, the consuls were armed with absolute 
power by the solemn decree of the senate, Ut viderent, vel Da- 
rent OPERAM, (^c. Liv. iii. 4. vi. 19. See p. 30. In any sudden tu- 
mult or sedition, the consuls called the citizens to arms m this form : 
Qui rempublicam salvam esse velit, me sequatur, G*c. j»roi?a6zV. 
7. Tusc. QucBst. iv. 23. 

Under the emperors, the power of the consuls was reduced to a 
mere shadow ; their office then only was to consult the senate, and 
lay before them the ordinances (placita) of the emperors ; to appoint 
tutors, to manumit slaves, to let the public taxes ; which had former- 



102 ROMAN ANTIQUITIES. 

ly belonged to the censors ; Ovid. Pont. iv. 5. 18. (^ Ep. ix. 47. to 
exhibit certain public games, and shows, which they also sometimes 
did under the republic ; Cic. Off. ii. 17. to mark the year by their 
name, &c. They retained, however, the badges of the ancient con- 
suls, and even greater external pomp. For they wore the toga picta 
or palmata, and had their fasces WTcathed with laurel, which used 
formerly to be done only by those who triumphed. They also added 
the securis to the fasces. 

3. The day on whicJi the CONSULS entered on their Office. 

In the beginning of the republic, the consuls entered on their of- 
fice at different times ; at first, on the 23d or 24th February, (VII. 
vel VI. Kal. Mart.) the day on which Tarquin was said to have been 
expelled, Ovid. Fast. ii. 685. which was held as a festival, and call- 
ed REGIFUGIUM, Festus ; afterwards, on the first of August, (KaL 
Sext.) which was at that time the beginning of the year, (i. e. of the 
consular, not of the civil year, which always began with January,) 
Liv. iii. 6. In the time of the Decemviri, on the 15th of May, (Id. 
Maii.) Id. 36. About fifty years after, on the 15th December, {Id. 
Decemh.) Liv. iv. 37. v. 11. Then on the first of July, {Kal. Quinc- 
til.) Liv, V. 32. viii. 20. which continued till near the beginning of 
the second Punic war, A. U. 530, when the day came to be the 15th 
March, (Id. Mart.) At last, A. U. 598, or 600, (Q. Fulvio (^ T. 
Annio. Coss.) it was transferred to the first of January, (m Kal. Jan.) 
which continued to be the day ever after, (DIES SOLENNIS ma- 
gistratibus ineundis.) Liv. Epit. 47. Ovid. Fast. i. 81. iii. 147. 

After this, the consuls were usually elected about the end of July, 
or the beginning of August. From their election to the 1st of Janu- 
ary, when they entered on their office, they were called CONSL^- 
LES DESIGNATI ; and whatever they did in public affairs, they 
were said to do it by their authority, not by iheiv pozoer ^ {Quod po- 
testate nondum potcrat, ohtinuit auctoritate,) Cic. in Pis. 4. Sext. 32. 
They might however propose edicts, and do several other things per- 
taining to their office, Dio. xl. 66. Among other honours paid to 
them, they were always first asked their opinion in the senate. See 

p. 21. The interval was made so long, that they might have time 

to become acquainted with what pertained to their office ; and that 
inquiry might be made whether they had gained their election by 
bribery. If they w^ere convicted of that crime upon trial, they were 
deprived of the consulship, and their competitors, who accused them, 
were nominated in their place, Cic. pro Syll. 17. & 32. They were 
also, besides being fined, declared mcapable of bearing any office, or 
of coming into the senate, by the Calpumian and other laws ; Cic. 
pro Cornel. Muren. 23. &c. as happened to Autronius and Sylla, 
Sail. Cat. 18. Cicero made the punishment of bribery still more 
severe by the Tullian law, which he passed by the authority of the 
senate, with the additional penalty of a ten years' exile, pro Mur, 32. 
in Vatin, 15. pro Sext. 94. 



CONSULS. 103 

The first time a law was proposed to the people, concerning bri- 
bery, was A. U» 397. by C. Foetilius, a tribune of the commons, by 
the authority of the senate, {auctoribus pairihus ; ut novo rum maxi- 
me hominum ambitio, qui nundinas et conciliabula obire soliti erant, 
compr inter etur,) Liv. vii. 15. 

On the first of January, the senate and people waited on the new 
consuls (salutahant), at their houses, (which in after times was call- 
ed OFFICIUM, Plin. Ep. ix. 37.) whence being conducted with 
great pomp, (which was called PROCESSUS CONSULARIS,) 
to the capitol, they offered up their vows, {vota nuncupabant,) and 
sacrificed, each of them, an ox to Jupiter ; and then began their of- 
fice (munus suum auspicabantur), by holding the senate, consulting 
it about the appointment of the Latin holidays, and about other 
things concerning religion, Ovid. Pont, iv. 4. & 9. Liv.Tixu 63. 
xxii. 1. xxvi. 26. Cic. post red. ad Quir. 5. Rull. ii. 34. Die, 
Fragm. 120. Within five days they were obliged to swear to ob- 
serve the laws, Liv. xxxi. 50. as they had done when elected, Plin. 
Pan. 64. 65. And in like manner, when they resigned their office, 
they assembled the people, and made a speech to them about what 
they had performed in their consulship, and swore that they had 
done nothing against the laws, Ibid. But any one of the tribunes 
might hinder them from making a speech, and only permit them to 
swear, as the tribune Metelius did to Cicero, Dio. xxxvii. 38. where- 
upon Cicero instantly swore with a loud voice, that he had saved 
the republic and the city from ruin : which the Whole Roman peo- 
ple confirmed with a shout, and with one voice cried out, that what 
he had sworn was true ; and then conducted him from the forum to 
his house, with every demonstration of respect, Cic. in Pis. 3. Ep, 
Fam. V. 2. 

4. The Provinces of the CONSULS. 

During the first days of their office the consuls cast lots, or 
agreed among themselves about their provinces (provincias inter se 
sortiebantur^ aut parabant, vel comparabant : provincias parlili sunt,) 
Liv. ii. 40. iii. 10. 22. 57. et alibi passim. A province (PROVIN- 
CIA,) in its general acceptation, is metaphorically used to signify 
the office or business of any one, whether private or public ; thus, 
O Geta, provinciam cepisti duram, Ter. Phorm. i. 2. 22. So 
Heaut. iii. 2. 5. Before the Roman empire was widely extended, 
the province of a consul was simply a certain charge assigned him, 
as a war to be carried on, &c. or a certain country in which he was 
to act during his consulship, JJv. ii. 40. 54. 58. iii. 10. 22. 25. v. 
32. vii. 6. 12. viii. 1. 29. ix. 41. x. 12. xxvi. 29. xliii. 14. ^^ 15. 
Flor. i. 11. 

Anciently these provinces used to be decreed by the senate, after 
the consuls were elected, or had entered on their office, Liv. xxxii. 
8. xxxiii. 29. et alibi passim. Sometimes the same province was 
decreed to both consuls. Id. x. 32. xxxiv. 42. xl. 1. &c. Thus 



104 ROMAN ANTIQUITIES. 

both consuls were sent against the Samnites, and made to pass un- 
der the yoke by Pontius, general of the Samnites, at the FurccB Cau- 
dincB, Liv. ix. J. &c. So Paulus Jl]milius, and Terentius Varro, 
were sent against Hannibal, at the battle of Cannae, Id. xxii. 40. & 
XXV. 3. xxvii. 22. &c. 

But by the Sempronian law, passed by C. Sempronius Gracchus, 
A. U. 631, the senate always decreed two provinces for the future 
consuls, before their election, Cic. pro Dom. 9. de Prov. Cons. 2. 
Sail. Jug. 27. which they, after entering on their office, divided by 
lot or agreement, (sorte vel comparatione partiti sunt.) In latter 
times the province of a consul was some conquered country, reduc- 
ed to the form of a province, (see p. 69.) which each consul, after 
the expiration of his office, should command ; for, during the time 
of their consulship, they usually remained in the city. Hence Ci- 
cero says, Turn bella gerere nostri duces incipiunt, cum auspicia, i. e. 
consulaium et prceturam, posuerunt, Nat. D. ii. 3. For propraetors 
and proconsuls had not the right of tciking the auspices, {auspicia 
non habebant,) Cic. Divin. ii. 36. 

The provinces decreed to the consuls, were called PROVINCIiE 
CONSULARES ; to^he pr^tors, PRyETORIyE. 

Sometimes a certain province was assigned to some one of the 
consuls ; as Etruria to Fabius, both by the decree of the senate, and 
by the order of the people, Liv. x. 24. Sicily to P. Scipio, xxviii. 
38. Greece, and tl\e war against Antiochus, to L. Scipio, by the 
decree of the senate, Id. xxxvii. 1. This was said to be done extra 
ordinem, extra sortem \e\ sine sorte^ sine comparatione, Id. iii. 2. vi. 
30. &c. 

It properly belonged to the senate to determine the provinces of 
the consuls and pra3tors. In appointing the provinces of the prae- 
tors, the tribunes might interpose their negative ; but not in those 
of the consuls, Cic. de Prov. Cons. 8. Sometimes the people reversed 
what the senate had decreed concerning the provinces. Thus the 
w^ar against Jugurtha, which the senate had decreed to Metellus, 
was given by the people to Marias, Sail. Jug. 73. And the attempt 
of Marius, by means of the tribune Sulpicius, to get the command of 
the war against Mithridates transferred from Sylla to himself by the 
suffi:*age of the people, gave occasion to the first civil war at Rome, 
Plutarch, in Mar. ^ Syll. Appian. de Bell. Civ. 1. and in fact gave 
both the occasion and the example to all the rest that followed. So 
when the senate, to mortify Caesar, had decreed as provinces to him 
and his colleague Bibolus, the care of the woods and roads, Suet. JuL 
19. Caesar, by means of the tribune Vatinius, procured from the 
people, by a new and extraordinary law, the grant of Cisalpine Gaul, 
with the addition of Illyricum, for the term of five years. Ibid. 22. 
Cic. pro Dom. 9. in Vatin. 15. and soon after also Transalpine Gaul 
from the senate. Suet. ib. Dio. xxxviii. 8. which important command 
was afterwards prolonged to him for other five years, by the Trebo- 
nian law ; Liv, Epit. 105. Cic. de Prov. Cons. 8. Epist. Fam. i. 7. 
(See page 30.) 



CONSULS. 105 

' No one was allowed to leave his province without the permission 
of the senate ; Liv. xxix. 19. which regulation, however, was some- 
times violated upon extraordinary occasions, Liv. x. 18. xxvii. 43. 

If any one had behaved improperly, he might be recalled from 
his province by the senate ; but his military command could only 
be abolished (abrogari) by the people, Liv. xxix. 19. 

The senate might order the consuls to exchange their provinces, 
Liv. xxvi. 29. and even force them to resign their command, Id, 
V. 32. 

Pompey, in his third consulship, to check bribery, passed a law 
that no one should hold a province till five years after the expiration 
of his magistracy, Dio. xl. 46. and that for these five years, while the 
consuls and praetors were disqualified, the senators of consular and 
praetorian rank, who had never held any foreign command, should 
divide the vacant provinces among themselves by lot. By which 
law, the government of Cilicia fell to Cicero against his will, Cic. 
Ep. Fam. iii. 2. Cassar made a law, that the praetorian provinces 
should not be held longer than a year, nor the consular more than 
two years. But this law, which is much praised by Cicero, was 
abrogated by Antony, Cic. Phil. i. 8. 

5. From what Order the CONSULS were created. 

The consuls were at first chosen only from the patricians, but 
afterwards also from the plebeians. This important change, although 
in reality owing to weightier causes, was immediately occasioned by 
a trifling circumstance. M. Fabius Ambustus, a nobleman, had two 
daughters, the elder of whom was married to Sulpicius, a patrician, 
and the younger to C. Licinius Stolo, a plebeian. While the latter 
was one day visiting her sister, the lictor of Sulpicius, who was then 
military tribune, happened to strike the door with his rod, as was 
usual when that magistrate returned home from the forum. The 
younger Fabia, unacquainted with that custom, w^as frightened at 
the noise, w^hich made her sister laugh, and express surprise at her 
ignorance. This stung her to the quick ; and upon her return home, 
she could not conceal her uneasiness. Her father, seeing her de- 
jected, asked her if all was well ; but she at first w^ould not give a 
direct answer : and it was with difficulty he at last drew from her 
a confession, that she w^as chagrined at being connected with a man 
who could not enjoy the same honours with her sister's husband. 
For, although it had been ordained by law, that the military tribunes 
should be created promiscuously from the patricians and plebeians, 
Liv. iv. 6. yet for forty-four years after their first institution, A. \], 
311. to A. U. 355. no one plebeian had been created, Liv. v. 12. 
vi. 37. and very few afterwards. IJv. v. 13. 18. vi. 30. Ambustus, 
therefore, consoled his daughter wnth assurances, that she should 
soon see the same honours at her own house, which she saw at her 
sister's. To eflect this, he concerted measures with his son-in-law, 

14 



106 ROMAN ANTIQUITIES. 

.and one L. Sextius, a spirited young man of plebeian rank, who ha# 
every thing but birth to entitle him to the highest preferments. 

Licinius and Sextius being created tribunes of the commons, Liv, 
vi. 35. got themselves continued in that office for ten years, ihid, 
42. for five years they suffered no curule magistrates to be created, 
ibid. 35. and at last prevailed to get one of the consuls created from 
among the plebeians, ibid. 42. 

L. SEXTIUS v\^as the first plebeian consul, 'Liv. vii. 1. and the 
second year after him, C. Licinius Stolo, ihid, 2. from whom the 
law ordaining one of the consuls to be a plebeian, w^as called LEX 
LICINIA, ibid. 21. Sometimes both consuls were plebeians. Id. 
xxiii. 31. which was early allowed by law, vii. 42. But this rarely 
happened : the patricians for the most part engrossed that honour ; 
Liv. vii. 18. 19. et alibi passim, Sail. Jug. 63. Cic. in Rull. ii. L 
The Latins once required, that one of the consuls should be chosen 
from among them, Liv. viii. 4. & 5. as did afterwards also the peo- 
ple of Capua, Id. xxxiii. 6. but both these demands were rejected 
with disdain. 

The first foreigner, who obtained the consulship, was Cornelius 
Balbus, Plin. viii. 43. s. 4:4:. Veil. ii. 51. a native of Cadiz ; who be- 
came so rich, that at his death, he left each of the citizens residing 
at Rome, 25 drachmce, or denarii, i. e. i6s. Id. 3q. Dio. xlviii. 32. 

6.' The Legal ^ge, and other Requisites for enjoying the Consulship, 

The legal age for enjoying the consulship (^Etas CONSULARIS) 
was forty-three, Cic. Phil. v. 17. and whoever was made consul at 
that age. was said to be made in his own year, {suo anno,) Cic. in 
Rull. ii, 2. 

Before one could be made consul, it was requisite to have gone 
through the inferior offices of quaestor, asdile, and praetor. It be- 
hoved candidates for this office to be present, and in a private sta- 
tion, (see p. 18.) and no one could be created consul a second time, 
till after an interval of ten years, Liv. vii. 42. x. 13. 

But these regulations were not always observed. In ancient times 
there seem to have been no restrictioos of that kind, and even after 
they were made, they were often violated. Many persons were cre- 
ated consuls in their absence, and without asking it, Cic. Amic. 3. 
and several below the legal age : thus, M. Valerius Corvus, at twen- 
ty-three, Liv. vii. 26. Scipio Afi'icanus the elder, at twenty-eight ; 
Id. XXV. 2. xxvi. 18. xxviii. 38. and the younger at thirty-eight ; Id, 
Epit. xlix. T. Quinctius Flaminius, when not quite 30 ; Plutarch. 
Pompey, before he was full thirty-six years old ; {Ex. S. C. legibus 
solutus consul ante jfiebat quam ilium niagistratmn per leges capere 
licuisset, i, e. before by law he could be made sedile ; which was 
the first office properly called Magistratus, although that title is of- 
ten applied also to the qusestorship and tribuneship, Cic. pro leg, 
Manil. 21.) 

To some the consulship was continued for several years without 



CONSULS. lOT 

intermission ; as to Marius, Liv. Epit. 67. who was seven times con- 
sul, and once and again created in his absence, ibid, et 68. & 80. Seve- 
ral persons were made consuls without having previously borne any 
curule office ; Liv. xxv. 42. xxxii. 7. Dio. xxxvi. 23. Many were 
re-elected within a less interval than of ten years, Liv. passim. And 
the refusal of the senate to permit Cassar to stand candidate in his 
absence, or to retain his province, gave occasion to the civil war be- 
twixt liim and Pompey, which terminated in the entire extinction of 
liberty, Cces, de hell. civ. i. 2. &l 3. 

7. Alterations hi the Condition of the CONSULS under the Emperors, 

Julius Cesar reduced the power of the consuls ta a mere name. 
Being created perpetual dictator, Suet. 76. all the other magistrates 
were subject to him. Although the usual form of electing consuls 
was retained, he assumed the nomination of them entirely to him- 
self, Cic. Phil, \\. 32. Suet. Jul. 41. & 76. He was dictator and 
consul at the same time, Dio. xliii. 7. as Sylla had been before him ; 
but he resigned the consulship when he thought proper, and nomi- 
nated whom he chose to succeed him. When about to set out against 
the Parthians, he settled the succession of magistrates for two years 
to come, {Consules et tribunos plehis in biennium, quos voluit,) Cic. 
Att. xiv. 6. Dio. xliii. 51. He introduced a custom of substituting 
consuls at any time, for a few months or weeks ; sometimes only for 
a few days, or even hours, Lucan. v. 397. Suet. Jul. 76. Cic. Fam, 
vii. 30. Dio. xliii. 36. that thus the prince might gratify a greater 
number with honours. Under Commodus, there were twenty-five 
consuls in one year, Lamprid. 6. The usual number in a year was 
twelve. But the consuls who were admitted on the first day of Janu- 
ary, gave name to the year, and had the title of ORDINARH, the 
others being styled SUFFECTI, or Minores, Dio. xlviii. 35. 

The consuls, when appointed by the emperor, Plin. Ep. ix. 13. 
did not use any canvassing, but went through almost the same for- 
malities in other respects as under the republic, Plin. Pan. 63. 64. 
6.5. 69. 77. 92. In the first meeting of the senate after their election, 
they returned thanks to the emperor in a set speech, Plin. Ep. iii. 
13. 18. Paneg. 2. 90. 9L 93. w^hen it was customary to expa- 
tiate on his virtues ; which was called, Honore, vcl in honor em 
PRiNCiPis CENSERE, Id. Pan. 54. because they delivered this speech, 
when they were first asked their opinion as consuls elect. {See p, 
27. & Plin. Ep. vi. 27.) Pliny aiterwards enlarged on the general 
heads, which he used on that occasion, and published them under the 
name of PANEGYRICUS, (i. e. Xo^o^ 'z:av'ri'yvPr/oc,; oratio in conven- 
tu habita, a iravYiyvPtSf conventus, Cic Att. i. 14.) Nerva Tragano 
Au^uslo dictus. 

Under the emperors, there were persons dignified merely with the 
title, without enjoying the office of consuls, (CONSULES HONO- 
RARII ;) as, under the republic, persons wiio had never been con- 



108 ROMAN ANTIQUITIES. 

suls or prastors, on account of some public service, obtained the right 
of sitting and speaking in the senate, in the place of those who had 
been consuls orpra;tors, [loco consulari, \'e\ prcetorio, Cic. Phil, i, 6. 
V. 17. Liv. Epit. lis.) which was called auctoritas vel senteniia con- 
sularis aut prfttoria, Cic. in Vatin. 7. in Balb. 25. So AUecius in- 
ter prcetorios, Vim. Ep. i. 14. Pallanli senutus ornamenta prcetoria 
decrevit, Id. vii. 29. viii. 6. 

Those who had been consuls were called CONSULARES, Cic, 
Fam. xii. 4. &c. as those who had been praetors, were called PRiE- 
TORII; sediles, /EDILITII ; qucestors, QUiESTORII. 

Under Justinian, consuls ceased to be created, and the year, of 
consequence, to be distinguished by their name, A. U. 1293. But 
the emperors still continued to assiime that office the first year of 
their sovereignty. Constantino created two consuls annually ; whose 
office it was to exercise supreme jurisdiction, the one at Rome, and 
the other at Constantinople. 

II. FR.ETORS. 
1. Institution and pozoer of the PRAETOR. 

The name of PRAETOR [is qui prcnl jure et exercitu^ Varro 
tfT^aT^iyog), was anciently common to all the magistrates, Liv, iii. 55. 
Ascon. in Cic. Thus the dictator is called Prcetor Maximus, Liv. 
vii. 3. But when the consuls, being engaged in almost continual 
"wars, could not attend to the administration of justice, a magistrate 
was created for that purpose, A. U. 389. to whom the name of 
PRiETOR was thenceforth appropriated. He was at first created 
only from the patricians, as a kind of compensation for the consul- 
ship being communicated to the plebeians ; but afterwards, A. U. 
418. also from the plebeians, Liv. viii. 15. The praetor was next 
in dignity to the consuls, and w^as created at the Comitia Centuriata 
with the same auspices as the consuls ; whence he w^as called their 
colleague, Liv. vii. 1. viii. 32. Cell. xiii. 14. Plin. Pan. 77. The 
first praetor w-as Sp. Furius Camillus, son to the great M. Furius Ca- 
millus, who died the year that his son was praetor, Liv. vii. i. 

When one praetor was not sufficient, on account of the number of 
foreigners, who flocked to Rome, another prsetor was added, A. U. 
510. to administer justice to them, or between citizens and them, 
{qui inie7' cives Romanos et perep-rinos jus diceret, l^iv. Epit. xix. — 
xxii. 35.) hence called PRiETER PEREGRINUS. 

The two praetors, after their elecrion, determined, by casting lots, 
which of the two jurisdictions each should exercise. 

The praetor who administered justice only between citizens, was 
called PRzETOPv URBANUS, and was more honourable ; whence 
he was called PaiETOR honoratu:^, Ovid. Fast. i. 52. Major, Fesius 
in voce Major Consul ; and the law derived from him and his edicts 
is called JUS HONORARIUM. In the absence of the consuls, he 
supplied their place, {munus consulare sustinehat) Cic. Fam. 10. 12. 



PRiETORS. 109 

He presided in the assemblies of the people, and might convene the 
senate ; but only when something new happened, Cic. Fam. xii. 28. 
He likewise exhibited certain public games, as, the Ludi Apollinares ; 
Liv. xxvii. 23. the Circensian and Megalensian games ; Juvenal, xi. 
192, and therefore had a particular jurisdiction over players, and 
such people ; at least under the emperors, Tacit. Ann. i. 77. When 
there was no censor, he took care, according to a decree of the se- 
nate, that the public buildings were kept in proper repair, {sarta tec- 
ta exigehat,) Cic. in Verr. i. 50. On account of these important 
offices, he was not allowed to be absent from the city above ten 
days, Cic. Phil. ii. 13. 

The power of the prastor in the administration of justice was ex- 
pressed in these three words, DO, DICO, ADDICO. Prator da- 
bat actionem et judices ; the praetor gave the form of a writ for try- 
ing and redressing a particular wrong complained of, and appointed 
judges or a jury to judge in the cause ; dicebat jus, pronounced 
sentence ; addicebat bona vel damna, adjudged the goods of the 
debtor to the creditor, &:c. 

The days on which the prsetor administered justice were called 
DIES FASTI, {a fando, quod iis diebus hcec tria verba fari licebat.) 
Those davs on which it was unlawful to administer justice, were 
called NEFASTI. 

Jlle NEFASTus erit, per quern tria verba silentur : 
FastuS; erit, per quern Lege licebit agi. 

Ovid. Fast. i. 47. 

2. EDICTS of the PR^TOR. 

The PrcBtor Urbanus, when he entered on his office, after hav- 
ing sworn to the observance of the laws, published an edict (EDIC- 
TUM,) or system of rules, {Formula,) according to which he was to 
administer justice for that year ; whence it is called by Cicero, LEX 
ANNUA, Cic. in Verr. i. 42. Having summoned an assembly of 
the people, he publicly declared (EDICEBAT) from the Rostra, 
(cum in concionem adscendissei,) vAiat method he \vas to observe, 
{quce observaturus esset,) in administering justice, Cic. de Fin. ii. 22. 
This edict, he ordered not only to be recited by a herald, Plaut. in 
Prolog Pcemdi 11. but also to be publicly pasted up In writing, 
{Scriptum in ALBO,) i. e. in tabula de albata, vel, ut alii dicunt, («/- 
his Uteris 7iotatd,) publice proponi, wide de PLANO, (i. e. de humo,) 
recte legi posset ; in large letters, (Uteris majusculis) Suet. Calig. 
41. These words used commonly to be prefixed to the edict, BO- 
NUM FACTUM, Suet. Jul. 80. Fitell. 14. Plaint, ibid. 

Those edicts which the praetor copied from the edicts of his pre- 
decessors, were called TRALATITIA ; those, which he framed 
himself, were called NOVA ; and so any clause or part of an edict, 
CAPUT TRALATITIUM vel NOVUM, Cic. in Verr. i. 45. But 
as the prsetor often, in the course of the year, altered his edicts 



110 ROMAN ANTIQUITIES. 

through favour or enmity, Cic. in Verr. i. 41. 46. this was forbidden, 
first by a decree of the senate ; A. U. 585. and afterwards, A. U. 
686. by a law which C. Cornelius got passed to the great offence of 
the nobility, Ut Pr^tores ex edictis suis perpetuis jus dice- 
rent, i. e. that the preetors, in administering justice, should not de- 
viate from their form, which they prescribed to themselves in the 
beginning of their office, Ascon. in Orat. Cic. pro Corn. — Vio. Cass, 
36. c. 22. (^ 23. From this time the law of the pr tors, (jus 
PRiETORIUM,) became more fixed, and lawyers began to study 
their edicts with particular attention ; Cic. de Legg. i. 5. some also 
to comment on them, Gell. xiii. 10. By order of the Emperor 
Hadrian, the various edicts of the praetors were collected into one, 
and properly arranged by the lawyer Salvius Julian, the great grand- 
father of the Emperor Didius Juhan ; which was thereafter called 
EDICTUM PERPETUUM, or JUS HONORARIUM, and no 
doubt was of the greatest service in forming that famous code of the 
Roman laws called the CORPUS JURIS, compiled by order of 
the Emperor Justinian. 

Besides the general edict, which the prsetor published, when he 
entered on his office, he frequently published particular edicts as 
occasion required, (Edicta peculiaria et repektina,) Cic. in Verr. 
iii. 14. 

An edict pubhshed at Rome was called EDICTUM URBA- 
NUM, ibid. 43. in the provinces, PROVINCIALE, ibid. 46. Sici- 
liense, 45. &c. 

Some think that the Prcetor Urbamis only published an annual 
edict, and that the Prcetor Peregrinus administered justice, either 
according to it, or according to the law^ of nature and nations. But 
we read also of the edict of the Praetor Peregrinus, Cic. Fam. xiii. 
59. And it appears that in certain cases he might even be appealed 
to for relief against the decrees of the Free for Urbanus, Cic. Verr. i. 
46. Ascon. in Cic. Cces. de Bell. Civ. iii. 20. Dio. xhi. 22. 

The other magistrates pubhshed edicts as well as the prsetor; 
the kings, Liv. i. 32. c^/- 44. the consuls, Lzu. ii. 24. viii. 6. the dicta- 
tor, Liv. ii. 30. viii. 34. the censor, Liv. xliii. 14. J^''ep. in Cat. 1. 
Gell. XV. 11. the curule sediles, Cic. Phil. ix. 7. Plant. Capiiv. iv. 
2. 43. the tribunes of the commons, Cic. in Verr. ii. 41. the 
quaestors, ibid. iii. 7. So the provincial magistrates, Cic. Epist. pas- 
sim j and under the emperors, the prsefect of the city, of the praeto- 
rian cohorts, &:c. So likewise the priests, as the pontifices and de- 
cemviri sacrorum, Liv. xl. 37. the augurs, Valer. Max. viii. 2. 1. 
and in particular, the pontifcx maximus, Tacit. Hist. ii. 91. Gell. 
ii. 28. All these were called HONORATI, Liv. xxv. 5. Ovid. 
Pont. iv. 5. or Honore honestaii, Sail. Cat. 35. honoribus honorati, 
Vellei. ii. 124. honore vel honoribus usi, Flor. i. 13. Cic. Flacc. 
19. and therefore the law which was derived from their edicts was 
also called Jus HONORARIUM. But of all these, the edicts of the 
praetor were the most important. 



PRiETORS. Ill 

The orders and decrees of the emperors were sometimes also 
called edicta, but usually rescripta. See p. 32. 

The magistrates in composing their edicts, took the advice of 
the chief men of the state ; thus, Consules cum vivos primarios at- 
que ampUssimos civitatis mulios in consilium adv ocas sent, de consilii 
sententia pronuncidrunt, c^c. Cic. Verr. iii. 7. and sometimes of one 
another; thus, Cum collegium praiioriumtribunipleh. adhibuissent, 
lit res nummaria de communi sententia constitueretur ; cons crip serunt 
communiter ediclum, Cic. Off. iii. 20. Marius quod communiter 
compositumfuerat, solus edixit, ibid. 

The summoning of any one to appear in court, was likewise call- 
ed Edictum. If any person did not obey the first summons, it was 
repeated a second and third time ; and then what was called a pe- 
remptory summons was given, (EDJCTUM PEREMPTORIUM 
dabatur, quod disceptationem perimeret, i. e. ultra tergiversari non 
paterelur, which admitted of no farther delay ;) and if any one neg- 
lected it, he was called contumacious, and lost his cause. Some- 
times a summons of this kind was given all at once, and was called 
Unum fro omnibus, or undm pro tribus. We read of the sena- 
tors being summoned to Rome from all Italy, by an edict of t^e 
the praetor, Liv. xliii. 11. 

Certain decrees of the prsetor were called INTERDICTA ; as, 
about acquiring, retaining, or recovering the possession of a thing ; 
Cic. CcBcin. 3. 14. 31. Orat. i. 10. to which Cicero alludes, Vrbani- 
talis possessionem quibusvis interdictis defendamus, Fam. vii. 32. 
also about restoring, exhibiting, or pj'ohibiting a thing ; whence 
Horace, Sat. ii. 3. 217. Interdicto hinc (sc. insano) omne adimat 
jus prcetor, i. e. bonis interdicat, the prsetor would take from him the 
management of his fortune, and appoint him a curator, Id. Episf. i. 
1. 102. according to a law of the Twelve Tables, {quce furiosis et 
male rem gerentibus bonis interdici jubebat,) Cic. de Senect. 7. 

3. The INSIGNIA of the PR^TOR. 

TfiE praetor was attended by two lictors, in the city, who went 
before him with the fasces, Plant. Epid. i. 1. 26. and by six lictors 
without the city. He wore the toga prcctexta, which he assumed, 
as the consuls did, on the first day of his ofiice, after having oflfered 
up vows, {votis nuncupatis,) in the capitol. 

When the praetor heard causes, he sat in the Forum or Comitium, 
on a TRIBUNAL, {in, or oftener pro tribunali,) which was a kind 
of stage or scaffold, suggestum v. -us,) in which was placed the Sella 
Curulis of the prsetor, Cic. Verr. iii. 38. Mart. xi. 99. and a sword 
and a spear (GLADIUS et HASTA) were set upright before him. 
The Tribunal was made of wood, and moveable, Cic. in Vat. 14. 
Suet. C(Bs. 84. so large as to contain the ASSESSORES, or coun- 
sel, of the praetor, Cic. de Orat. i. 37. and others. Brut. 84. in the 
form of a square, as appears from ancient coins. But when spacious 
halls were erected round the Forum, for the administration of jus- 



112 ROMAN ANTIQUITIES. 

tice, called BASILICiE, or RegicB sc. ades vel porlicus, Suet. Aug. 
31. Calig. 37. Stat. Silv. i. 1. 29. {"QaaiKixh iom) Zosim. \.%Jo' 
seph. A. xvii. 11. from their largeness and magnificence, the Ttihu- 
nal in them seems to have been of stone ; and in the form of a se- 
micircle, Vitruv, V. L the two ends of which were called Cornua, 
Tacit. Annal. i. 75. or Partes Primores, Suet. Tib. 33. The first 
Basilica at Rome appears to have been built by M. Porcius Cato, 
the censor, A. U. .566. hence called Porcia, Li v. xxxix. 44. 

The JUDICES or jury appointed by the Prsetor, sat on lower 
seats, called SUBSELLIA, Cic. Rose, Am. 11. as also did the ad- 
vocates, Id. de Oral. \. 62. ihe witnesses, Id. Flacc. 10. and hear- 
ers, Brut. 84. Suet. Aug. .56. Whence Subsellia is put for the act 
of judging. Suet. Jsfer. 17. or of pleading, Cic. de Oral. i. 8. ii. 33. 
thus, Versatus in utrisque subselliis cum summa fama etfide ; i. e. 
judicem et patronum egit, Cic. Fam. xiii. 10. A subselliis Alienus, 
&;c. i. e. causidicus, a pleader, in Ccecil. 15. For such were said 
habitare in subselliis, Orat. i. 62. A subselliis in otium se conferre, 
to retire from pleading, Id. Orat. ii. 33. 

The inferior magistrates, when they sat in judgment (judicia ex^ 
crcebant,) did not use a Tribunal, but only subsellia y as the tri- 
bunes, plebeian sediles, and quaestors, &c. Ascon. in Cic. Suet, Claud. 
23. 

The benches on which the senators sat in the senate-house were 
likewise called subsellia, Cic. in Cat. i. 7. Hence longi subsellii 
judicatio, the slowness of the senate in decreeing, Cic. Fam, iii. 9. 
And so also the seats in the theatres, circus, &c. thus, senatoria sub- 
jsellia, Cic. pro Corn. 1. Bis subtena sepsellia, the seats of the 
Eqtiites, Mart. v. 28. 

In matters of less importance, the praetor judged and passed sen- 
tence without form, at any time, or in any place, whether sitting or 
walking ; and then he was said COGNOSCERE, interloqui, discu- 
tere E vel DE PLANO ; or, as Cicero expresses it, ex cequo loco, 
Fam. iii. 8. Csecin. 17. de Orat. 6. non pro, vel. e tribunali, aut ex 
superiore loco ; which expressions are opposed to the former : So 
Suet. Tib. 33. But about all important affairs, he judged in form 
on his tribunal : w^hence atque hae agebantur in conventu palam, de 
sella ac de loco superiore, Cic. Verr. 4. 40. 

The usual attendants (MINISTRl vel appariiares) of the praetor, 
besides the lictors, were the SCRIBiE, who recorded his proceed- 
ings, {qui acta in iabulas referrent,) Cic. Verr. iii. 78. & 79. and the 
ACCENSI, who summoned persons, and proclaimed aloud when it 
was the third hour, or nine o'clock before noon ; when it was mid- 
day, and when it was the ninth hour, or three o'clock after noon, 
Varr. de ling. Lat. v. 9. 

4. The number o/ PRAETORS at different times. 

While the Roman Empire was Hmited lo Italy, there were only 
two praetors. When Sicily and Sardinia were reduced to the form 
of a province, A. U. 526, two other praetors were added to govern 



PRiETORS. 113 

them, Liv, Epit. 20. and two more when Hither and Farther Spain 
were subdued, Id. xxxii. L'7. & 28. In the year 571, only four prae- 
tors were created by the Baebian law, which ordained, that six prae- 
tors and four should be created alternately ; Liv. xl. 44. but this 
regulation seems not to have been long observed. 

Of these six praetors, two only remained in the city ; the other 
four, immediately after having entered on their office, set out for 
their provinces. The praetors determined their province, as the 
consuls, by casting lots, or by agreement, Liv. passim. 

Sometimes one praetor administered justice both between citizens 
and foreigners, Liv. xxv. 3. xxvii. 38. xxxi. 1. xxxv. 41. and in 
dangerous conjunctures, none of the praetors were exempted from 
military service, Id. xxiii. 32. 

The praetor Urhanus and Peregrinus administered justice only in 
private or lesser causes ; but in public or important causes, the peo- 
ple either judged themselves, or appointed persons, one or more, to 
preside at the trial, {que quczstioni prcBessent, Cic. pro Cluent. 29. 
quczrerent, quczstiones puhlicas vel judccia exercerent, Liv. iv. 51. 
xxxviii. 55. Sallust. Jug. 40.) who were called QU^SITORES, or 
QufBs tores paricidii, vi^hose authority lasted only till the trial was 
over. Sometimes a dictator was created for holding trials, Liv. ix. 
26. But A. U. 604. it was determined, that the Prcetor Urbanus 
and Peregrinus should continue to exercise their usual jurisdictions ; 
and that the four other praetors should during their magistracy also 
remain in the city, and preside at public trials : one at trials con- 
cerning extortion, {de repetundis ;) another, concerning bribery, {de 
ambiiu ;) a third, concerning crimes committed againit the state, 
{de majestate ;) and a fourth, about defrauding the public treasury, 
{de peculatu.) These were called QUESTIONES PERPETU J:, 
Cic. Brut. 26. because they were annually assigned {mandabantur), 
to particular praetors, who always conducted them for the whole 
year, {quiperpetnb exercerent,) according to a certain form prescrib- 
ed by law : so that there was no need, as formerly, of making a new 
law, or of appointing extraordinary inquisitors to preside at them, 
who should resign their authority when the trial was ended. But 
still, when any thing unusual or atrocious happened, the people or 
senate judged about the matter themselves, or appointed inquisitors 
to preside at the trial ; and then they were said extra ordinem qucB- 
rere : as in the case of Ciodius, for violating the sacred rites of the 
Bona Dea, or Good Goddess, Cic. Jltt. i. 13. 14, ife 16. and of Milo, 
for the murder of Ciodius, Cic. pro Mil. &c. 

L. Sulla increased the number of the ijucestionis perpetncR, by add- 
ing those de FALSO, vel de crimine falsi, concerning forgers of 
wills or other writs, coiners or makers of base money, (fee. de SICA- 
RIIS et VENEFICIS, about such as killed a person with weapons 
or poison ; et de PARRICIDIS, on which account he created two 
additionn! praetors, A. U. 672 ; some say four. Julius C sar in- 
creased the number of praetors, first to ten, A. U. 7Q7. Die, xlii, 51. 

15 



114 ROMAN ANTIQUITIES. 

then to fourteen, Id, xliii. 47. afterwards to sixteen, /6. 49. Tacii. 
Hist. iii. 37. Under the triumviri, there were 67 praetors in one 
year, Dio, xlviii. 43. 53. Augustus reduced the number to twelve, 
Dio. says ten ; xhii. 32. but afterwards made them sixteen. Pompon, 
de orig. jur. ii. 28. According to Tacitus, there were no more than 
twelve at his death, Annal. i. 14. Under Tiberius, there were 
sometimes fifteen and sometimes sixteen, Dio, Iviii. 20. Claudius 
added two praetors for the cognizance of trusts, (qui defideicommis- 
sis jus dicerent.) The number then was eighteen ; but afterwards 
it varied. 

Upon the decline of the empire, the principal functions of the 
prrptors were conferred on the prcefectus prcetorio, and other magis- 
trates instituted by the emperors. The praetors of course sunk in 
their importance : under Valentinian their number was reduced to 
three ; and this magistracy having become an empty name, (inane 
nomen,) Boeth. de consol. philos. iii. 4. was at last entirely sup- 
pressed, as it is thought, under Justinian. 

III. CENSORS. 

Two magistrates were first created, A. U. 312, for taking an ac- 
count of the number of the people, and the value of their fortunes, 
(censui agendo ;) whence they were called CENSORES, Liv, et 
Fest, (CexN'SOR, ad cujus censivnem, id est arhitrium, censeretur popu' 
his, Varr. L. L. iv. 14.) As the consuls, being engaged in wars 
abroad, or commotions at home, had no leisure for that business, 
(non considibus opercz erat, sc. pretium, i. e. iis non vacabat id nego- 
tium agere ;) the census had been intermitted for 17 years, Liv, iii, 
12. iv.8. 

The censors at first continued in office for five years, Ihid. But 
afterwards, lest they should abuse their authority, a law w^as passed 
by Mamercus ^milius the dictator, ordaining, that they should be 
elected every five years ; but that their power should continue only 
a year and a half, [Ex quinquinnali annua ac semestris censura facta 
est,) Liv. iv. 24. ix. 33. 

The censors had all the ensigns of the consuls, except the lictors. 

The censors were usually chosen from the most respectable per- 
sons of consular dignity ; at first only from the patricians, but after- 
wards likewise from the plebeians. The first plebeian censor was 
C. Marcius Rutilus, A. U. 404. who also had been the first plebeian 
dictator, Liv. vii. 22. Afterwards a law was made, that one of the 
censors should always be a plebeian. Sometimes both censors were 
plebeians, Liv. Epit. 59. and sometimes those were created cen- 
sors, who had neither been consuls nor praetors, Liv. xxvii. 6, and 
11. but not so after the second Punic war. 

The last censors, namely, Paulus and Plancus, under Augustus, 
are said to have been private persons, (PRIVATI,) Dio. liv. 2. not 
that they had never borne any public office before, but to distinguish 
them from the Emperor ; all besides him being called by that name, 
Veil, ii. 99. Suet. Tacit, et Plin. passim. 



CENSORS. 115 

The power of the censors at first was small ; but afterwards it 
became very great. All the orders of the state were subject to them, 
(censoribus subjecti, Liv. iv. 24.) Hence the censorship is called, 
by Plutarch, the summit of all preferments {omnium honorum apex, 
vel fastigium,) in Cat. Maj. and by Cicero, majestra pudoris et mO' 
destice, in Pis. 4. The title of Censor was esteemed more honoura- 
ble than that of Consul ; as appears from ancient coins and statues: 
and it was reckoned the chief ornament of nobility, to be sprung 
from a censorian family, Faler, viii, 13. TaciL Ann, iii. 28. Hist. 
iii. 9. 

The office of the censors was chiefly to estimate the fortunes, and 
to inspect the morals, of the citizens, Cic. de leg. iii. 3. 

The censors took the census in the Campus Martins. Seated in 
their curule chairs, and attended by their clerks and other officers, 
they ordered the citizens, divided into their classes and centuries, 
and also into their tribes, Liv. xxix. 37. to be called (citari) before 
them by a herald, and to give an account of their fortunes, family, 
&c. according to the institution of Servius Tullius {See p. 76.) At 
the same time, they reviewed the senate and equestrian order, sup- 
plied the vacant places in both, and inflicted vrrious marks of dis- 
grace {notas inurebant) on those who deserved it. A senator they 
excluded from the senate-house, {senatu movebant, vel ejiciebant,) 
(see p. 17.) an eques they deprived of his public horse, {equum adi- 
mebantf) (see p. 35.) and any other citizen they removed from a 
more honourable to a less honourable tribe, {tribu movebant ;) or 
deprived him of all the privileges of a Roman citizen, except liberty, 
{cerarium, faciebant, Liv. Qui per hoc non esset in dlbo centurice sum, 
sed ad hoc esset civis tantwn, ut pro capite suo tribuii nomine aera 
penderet, Ascon. in Cic.) or, as it is otherwise expressed, in tabulas 
Cceritum, vel inter Ccsrites referebant, i. e. jure suffragii privabant ; 
Gell. xvi. 13. Strab. v. p. 220. Hence Ccerite cera digui, worthless 
persons, Horat. Ep. i. 6. 63. But this last phrase does not often 
occur. Cicero and Livy almost always use Mr arium facer e ; in vel 
inter cBrarios referre. This mark of disgrace was also inflicted on 
a senator or an eques, and was then always added to the mark of 
disgrace peculiar to their order ; thus, Censores Mamercum, qui fue- 
rat dictator, tribu moverunt, octuplicatoque censu, (i. e. having made 
the valuation of his estate eight times more than it ought, that thus 
he might be obliged to pay eight times more tribute,) cerarium fece- 
runt, Liv. iv. 24. Omnes, quos senatu moverunt, quibusque equos 
ademerunt, cerarios fecerunt, et tribu moverunt, x\u. 10. The censors 
themselves did not sometimes agree about their powers in this res- 
pect ; Claudius negabat, Suffragii lationem injussu populi censor em 
cuiquam homini ademere posse. Neque enim si tribu movere posset, 
quod sit nihil aliud quam mutare jubere tribum, ideo omnibus v. et xxx. 
tribubus emovere posse : id est, civitatem libertatemque eripere, non ubi 
censeatur Jinire, sed censu excludere^ Hone inter ipsos disceptata, ^c. 
Liv. xlv. 15. 



116 ROMAN ANTIQUITIES. 

The censors could inflict these marks of disgrace upon what evi- 
dence, and for what cause, they judged proper ; but, when they ex- 
pelled from the senate, they commonly annexed a reason to their 
censure, Liv, xxxix. 42. which was called SUBSCRIPTIO CEN- 
SORI A, Cic. pro Cluent, 43. & 44. Sometimes an appeal was made 
from their sentence to the people, Plutarch, in 1\ Q. Flamin. 

The censors not only could hinder one another from inflicting 
any censure, {ut alter de senatii ynoveri velit, alter retineat ; ut alter 
in ararios referri, aid tribu moveri jubeat, alter vetel, Cic. ibid. 
Tres ejecti de senatu ; retinuit quosdam Lepidus a colltga prizteritos, 
Liv. xl. 51.) but they might even stigmatize one another, Liv, 
xxix. 37. 

The citizens in the colonies and free towns were there enrolled 
by their own censors, according to the form prescribed by the Ro- 
man censors, (ex formida ah Romanis censorihus data,) and an ac- 
count of them was transmitted to Rome, Liv. xxix. 15. So that the 
senate might see at one view the wealth and condition of the whole 
empire, ibid. 37. 

When the censors took an estimate of the fortunes of the citizens, 
they were said, censum agere vel habere^ Ce^serr populi civitates, 
soboleSf familias, pecuniasque, Cic. legg. iii. 3. Referre in censum, 
Liv. xxxix. 44. Flor. i. 6. or, censui ascribere, Tacit. Annal. xiii. 51. 
The citizens, when they gave in to the censors an estimate of their 
fortunes, &c. were said Cknseri modum agri, mancipia, pecvnias, 
&c. sc. secundum vel quod ad, Cic. Flacc. 32. s. 80. Projiteri ; in 
censum deferre vel dedicare, Id. Arch. 4. Senec. Ep. 95. annos de- 
ferre vel censeri : thus, CL. annos census est Claudii CcBsaiis censura 
Jl Fullonius Bononiensis ; idque collatis censibus quos ante detulerat, 
verum apparuit, Plin. vii. 49. s. 50. Sometimes also censere ; thus, 
Prczdia censere., to give in an estimate of one's farms, Cic. Flacc. 32. 
Iav. xlv. 15,. Prcedia censui censendo, sc. apia ; i. e. quorum cen- 
sus censeri, pretium mstimari ordinis et tributi causa potest ; farms, 
of which one is the just proprietor, ibid. Hence censeri, to be va- 
lued or esteemed, to be held in estimation ; Cic. Arch. 6. Val. Max. 
V. 3. 3. Ovid. Am. ii. 15. 2, Senec. Ep. 76. Plin. Pan. 15. De quo 
censeris, amicus, from whom or on whose account you are valued, 
Ovid. Pont. ii. 5. ult. Privatus illis CENSUS erat brevis, their 
private fortune w^as small, Horat. Od. ii. 15. 13. exiguus, Ep. i. 1. 
43. tenuis, Id. 7. 76. Equestris, v. -ter, the fortune of an Eques ; 
CCCC. millia nummum, 400,000 sesterces, Plin. Ep. 1. 19. Sena- 
iorius, of a senator. Suet. Vesp. 17. Homo sine censu, Cic. Flacc. 
52. Ex sensu tributa conferre, Id. Verr. ii. QZ. Cultus major censu, 
Horat. Sat. ii. 3. 323. Dat census honor es, Ovid. Amor. iii. 8. 56. 
Census partus per vulnera, a fortune procured in war, ibid. 9. De- 
mittere censum in viscera, i. e. bona obligurire, to eat up, Id. Met, 
viii. 846. Romani census populi, the treasury, Lucan. iii. 157, Bre- 
ves extendere census, to make a small fortune go far. Martial, xii. 6. 

The censors divided the citizens into classes and centuries, ac- 



<;ensor^. 117 

cording to their fortunes. They added new tribes to the old, when 
it was necessary, Liv. x. 9. Epit. 19. They let the public lands and 
taxes, (see p. 64.) and the regulations which they prescribed to the 
farmers-general {mancipibus v. pxiblicaiiis) were called Leges vel 
Tabulce Censoricd, Cic. Veil. iii. 6. in Rull. i. 2. Polyb. vi. 15. 

The censors agreed with undertakers about building and repair- 
ing the public works, such as temples, porticos, &c. {opera publica 
ced^Jlcanda et reficienda REDEMPTORIBUS locabant ^) which they 
examined when finished (probaverunt, i. e. recte et ex ordine facta 
esse pronunciaverunt ;) and caused to be kept in good repair, (sarta 
tecta exigebant, sc. et.) Liv. iv. 22. xl. 51. xlii. 3. xlv. 15. The 
expenses allowed by the public for executing these works, were 
called Ultrotributa, Liv. xxxix. 44. xhii. 16. Senec. Benef. iv. 1. 
Hence Ultrotributa locare, to let them, or to promise a certain sum 
for executing them ; conducere^ to undertake them, ibid. 

The censors had the charge of paving the streets, and making the 
public roads, bridges, aqusB ducts, &c. Liv. ix. 29. & 43. xli. 27, 
They likewise made contracts about furnishing the public sacri- 
fices, Plutarch, in Cat. and horses for the use of the curule magis- 
trates, Liv. xxiv. 18. Fest. in vac. Equi Curules ; also about feed- 
ing the geese which were kept in the capitol, in commemoration of 
their having preserved it, when the dogs had failed to give the alarm, 
Cic. pro Rose. Am. 20. Plin. x. 22. s. 26. xxix. 4. s. 14. 

They took care that private persons should not occupy what be- 
longed to the public, Liv. iv. 8. And if any One refused to obey 
their sentence, they could fine him, and distrain his effects till he 
made payment, Liv. xliii. 16. 

The imposing of taxes is often ascribed to the censors ; but this 
was done by a decree of the senate and the order of the people ; 
without which the censors had not even the right of laying out the 
public money, nor of letting the public lands, Liv. xxvii. 11. xl. 46. 
xli. 27. xliv. 16. Polyb. vi. 10. Hence the senate sometimes can- 
celled their leases, {locationes inducebant,) when they disapproved 
of them, Id. xxxix. 44. For the senate had the chief direction in all 
these matters, ibid. 

The censor had no right to propose laws, to lay any thing before 
the senate or people, unless by means of the consul or praetor, or a 
tribune of the commons, Plin. Hist. J^at. xxxv. 17. Liv. loc. cit. 

The power of the censors did not extend to public crimes, or to 
such things as came under the cognizance of the civil magistrate, 
and were punishable by law ; but only to matters of a private na- 
ture, and of less importance ; as, if one did not cultivate his ground 
properly, Cell. iv. 12. if an eques did not take proper care of his 
horse, which was called Tncuria or Jmpolitia^ ibid, if one lived too 
long unmarried, (the fine for which was called ms uxorium, Festus :) 
or contracted debt without cause, &c. Valer. Max. ii. 9. and parti- 
cularly, if any one had not behaved with sufficient bravery in war ; 
Liv. xxiv. 18. or was of dissolute morals, Cic. Clucnt. 4kl, ; above 



118 ROMAN ANTIQUITIES. 

all, if a person had violated his oath, Liv, ibid, et Cic. Off, iii. 3L 
GelL vii. 18. 

The accused were usually permitted to make their defence, {cau- 
sam dicere,) Liv. loc. cit. 

The sentence of the censors, (ANIMADVERSIO CENSORIA 
ye\ judicium censoris,) only affected the rank and character of per- 
sons. It was therefore properly called IGNOMINIA, {gudd in no- 
mine laiiturrij i. e. dignitate versabatur,) and in later times had no 
other effect, than of putting a man to the blush, {nihil fere damnato 
afftrebat prceter ruborem, Cic.) 

It was not fixed and unalterable, as the decision of a court of law, 
{nonpro re judicata habebatur ;) but might be either taken off by the 
next censors or rendered ineffectual by the verdict of a jury, or by 
the suffrages of the Roman people. Thus we find C. Goeta, who 
had been extruded the senate by the censors, A. U. 639, the very 
next lustrum himself made censor, Cic. pro Cluent. 42. See p. 17. 
Sometimes the senate added force to the feeble sentence of the cen- 
sors, {inerti censorim notcB,) by their decree, which imposed an addi- 
tional punishment, Liv. xxiv. 18. 

The office of censor was once exercised by a dictator, Liv. xxiii. 
22. & 23. After Sylla, the election of censors was intermitted for 
about 17 years, Ascon. in Cic. 

When the censors acted improperly, they might be brought to a 
trial ; as they sometimes were by a tribune of the commons, Liv. 
XXV. 43. xliii. 15. 16. Nay, we find a tribune ordering a censor to 
be seized and led to prison, Id. ix. 34. and even to be thrown from 
the Tarpeian rock. Id. epit. 59. Plin. vii. 44. s. 45. but both were 
prevented by their colleagues, ibid. 43. s. 45. 

Two things were peculiar to the censors. — 1. No one could be 
elected a second time to that office, according to the law of C. Mar- 
tius Rutilus, who refused a second censorship when conferred on 
him, hence surnamed CENSORINUS, Val-r. Max. iv. l.~2. If 
one of the censors died, another was not substituted in his room ; but 
his surviving colleague was obliged to resign his office, Liv. xxiv. 
43. xxvii. 6. 

The death of a censor was esteemed ominous, because it had hap- 
pened that a censor died, and another was chosen in his place, in 
that lustrum in which Rome was taken by the Gauls, Liv. v. 31. 
vi. 27. 

The censors entered on their office immediately after their elec- 
tion. It was customary for them, when the comitia were over, to 
sit down on their curule chairs in the Campus Martins, before the 
temple of Mars, Liv. xl. 45. Before they began to execute their 
office, they swore that they would do nothing through favour or ha- 
tred, but that they would act uprightly ; and when they resigned 
their office, they swore that they had done so. Then going up to 
the treasury, (in a^rarium ascendentes,) they left a list of those whom 
they had made cerarii, Liv. xxix. 37. 



CENSORS. 119 

A record of the proceedings of the censors (memoria publica re- 
censionis, tabulis publicis impressa) was kept in the temple of the 
nymphs, Cic.pro Mil. 27. and is also said to have been preserved 
wilh great care by their descendants, Dionys. i. 74. 

One of the censors to whom it fell by lot, Var7\ Lai. L. v. 9. af- 
ter the census was finished, offered a solemn sacrifice {lustnim con- 
didit) in the Campus Martins. See p. 78. 

The power of the censors continued unimpaired to the tribune- 
ship of Clodius, A. U. 695. who got a law passed, ordering that no 
senator should be degraded by the censors, unless he had been for- 
mally accused and condemned by both censors, Dio, xxxviii. 13. 
but this law was abrogated, and the powers of the censorship re- 
stored soon after by Q. Metellus Scipio, A. U. 702. A^conAn Cic. 
Dio. xl. 57. 

Under the emperors the office of censor was abolished : but the 
chief duties of it were exercised by the emperors themselves, or by 
other magistrates. 

Juhus Csesar made a review of the people {recensum populi egit,) 
after a new manner, in the several streets, by means of the proprie- 
tors of the houses, (vicatim per dominos insularu?n,) Suet. Jul. 41. 
But this was not a revievv^ of the whole Roman people, but only of 
the poorer sort, who received a monthly gratuity of corn from the 
public, ibid, which used to be given them in former times, first at a 
low price, Liv. ii. 34. and afterwards by the law of Clodius, for 
nought, Cic. pro Sext. 25. As con. in Cic. 

JuHus Caesar was appointed by the senate to inspect the morals 
of the citizens for three years, Dio. xhii. 14. under the title of 
PRiEFECTUS MORUM vel moribm, Suet. Jul. 76. Cic. Fam. ix. 
15. afterwards for life, under the title of censor, Dio. xliv. 5. A 
power similar to this seems to have been conferred on Pompey in 
his third consulship, (corrigendis moribus delectus,) Tacit. Ann. ii. 
28. 

Augustus thrice made a review of the people ; the first and last 
time with a colleague, and the second time alone. Suet. Aug. 27. 

He was invested by the senate with the same censorian power as 
Julius Caesar, repeatedly for five years, according to Dio Cassius, 
liii. 17. liv. 2. 10. &l 30. according to Suetonius for life, {recepit et 
morum legumgue regimen perpetuum,) Suet. Aug. 27. under the ti- 
tle of MAGISTER MORUM, Fast. Cons. Hence Horace, Epist, 
ii. 1. 

Cum tot siistineas, ac tnnta negoiia solus, 
Res Jtalas armis tideris, moribus ornes, 
Legibus emendes, &c. 

Augustus, however, declined the title of censor, Suet, 27. although 
he is so called by Macrobius, Sat. ii. 4. and Ovid says of him, sic 
agitur CENSURA, &c. Fast. vi. 647. Some of the succeeding empe- 
rors assumed this title, particularly those of the Flavian family, but 



120 ROMAN ANTIQUITIES. 

most of them rejected it, as Trajan, Plin. Paneg. 45. after -whom 
we rarely find it mentioned, Dio. liii. 18. 

Tiberius thought the censorship unfit for his time, (non id tempus 
censures,) Tacit. Ann. ii. 33. It was therefore intermitted during 
his government ; as it was Hkewise during that of his successor. 

A review of the people was made by Claudius and L. Vitellius, 
the father of the emperor A. Vitellius, A. U. 800. Suet. Claud. 16. 
Vit. 2. by Vespasian and Titus ; A. U. 827. Suet. Vesp. 8. Tit. 6. 
but never after. Censorinus de die nat. 18. says, that this review 
was made only seventy-five times during 650, or rather 630 years, 
from its first institution under Servius to the time of Vespasian ; af- 
ter which it was totally discontinued, ibid. 

Decius endeavoured to restore the censorship in the person of 
Valerian, but without effect. The corrupt morals of Rome at that 
period could not bear such a magistrate. Trebell. Pollio. in Valer. 

IV. TRIBUNES of the People, 

The plebeians, being oppressed by the patricians on account of 
debt, Liv. ii. 23, &c. at the instigation of one Sicinius, made a se- 
cession to a mountain, afterwards called Mons Sacer, three miles 
from Rome ; A. U. 260, ibid. 32. nor could they be prevailed on to 
return, till they obtained from the patricians a remission of debts 
for those who were insolvent, and liberty to such as had been given 
up to serve their creditors ; and likewise that the plebeians should 
have proper magistrates of their own to protect their riglits, whose 
persons should be sacred and inviolable, (sacrosancti,) Liv. iii. 33. 
& 55. Dionys. vi. 89. They were called TRIBUNES, according 
to Varro, de Ling. Lat. I. iv. 14. because they were at first created 
from the tribunes of the soldiers. 

Two tribunes were at first created, Cic. pro Corn. 1. at the as- 
sembly, by cwn'cB, who, according to Livy, created three colleagues 
to themselves, ii. 33. In the year 283, they were first elected at 
the Comitia Tributa, c. 58. and A. U. 297. ten tribunes were cre- 
ated ; Liv. iii. 30. two out of each class, which number continued 
ever after. 

No patrician could be made tribune, unless first adopted into a 
plebeian family, as was the case with Clodius, the enemy of Cicero, 
pro Dom. 16. Suet. Jul. 20. At one time, however, we find two 
patricians of consular dignity elected tribunes ; Liv. iii. 65. And 
no one could be made tribune or plebeian sedile, whose father had 
borne a curule office, and was alive, Liv. xxx. 19. nor whose father 
was a captive, xxviii. 21. 

The tribunes were at first chosen indiscriminately from the ple- 
beians ; but it was ordained by the Jltinian law, some think A. U. 
623, that no one should be made tribune who was not a senator, 
Gell. xiv. 8. Suet. Aug. 10. And we read, that when there were 
no senatorian candidates, on account of the powers of that office 
being diminished, Augustus chose them from the Equites, Suet. Aug. 



tribunp:s. iW 

40. Dio. liv. 26. 30. But others think, that the Atinian law only 
ordained, that those who were made tribunes should of course be 
senators, and did not prescribe any restriction concerning their elec- 
tion. See Manutius de legg. It is certain, however, that under the 
emperors, no one but a senator had a right to stand candidate for 
the tribuneship, (jus iribitnatds petendi,) Piin. Ep. ii. 9. 

One of the tribunes, chosen by lot, presided at the comitia for 
electing tribunes, Liv. iii. 64. which charge was called sors comili- 
orurrii ibid. After the abdication of the dexemviri, when there were 
no tribunes, the Ponti/ex Maximus presided at their election, c. 54. 
If the assembly was broken up, {si comitia dirempla essent,) before 
the ten tribunes were elected, those w^ho were created might choose 
(cooptare) colleagues for themselves to complete the number, c. 65. 
But a law was immediately passed by one Trebonius to prevent this 
for the future, which enacted, " that he who presided should con- 
tinue the comitia, and recall the tribes to give their votes, till ten 
were elected," ibid. 

The tribunes always entered on their office the 10th of Decem- 
ber, {ante diem quarium Idus Decembris,) because the first tribunes 
were elected on that day, Liv, 52. Dionys. vi. 89. In the time of 
Cicero, however, Asconius says, it w^is on the 5th {nonis Decembris)^ 
in proaem. Verr. 10. But this seems not to have been so ; for Ci- 
cero himself on that day calls Cato tribunus designatus, pro Sext, 
28. 

The tribunes wore no toga prcetexia, nor had they any external 
mark of dignity, except a kind of beadle, called viator, who went 
before them. It is thought they were not allowed to use a carriage, 
Cic. Phil, ii. 24. Plut, Qu(P,st. Rom. 81. When they administered 
justice, they had no tribunal, but sat on subsellia or benches, Ascon, 
in Cic. They had, however, on all occasions, a right of preceden- 
cy ; and every body w^as obliged to rise in their presence, Plin, Ep. 
\. 23. 

The power of the tribunes at first w^as very limited. It consisted 
in hindering, not in acting, Dionys. vii. 17. and was expressed by 
the word VETO, I forbid it. They had only the right of seizing, 
but not of summoning ; {prehensionem, sed non vocationtm habebant,) 
Gell. xiii. 12. Their oflice was only to assist the plebeians against 
the patricians and magistrates ; {Auxilii, non pcencc jus datum illi 
potestati,) Liv. ii. 35. vi. 37, Hence they were said, esse privati, 
sine imperio, sine magistratu, ii. 56. not being dignified with the 
name of magistrates, Plutarch, in Coriol. H Quast. Rom. 81. as they 
were afterwards, Liv. iv. 2. Sail. Jug. 37. They were not even 
allowed to enter the senate. See p. 26. 

But in process of time they increased their influence to such a 
degree, that under pretext of defending the rights of the people, 
they did almost whatever they pleased. They hindered the collec- 
tion of tribute, Liv. v. 12. the enlisting of soldiers, iv. 1. and the 
creation of magistrates, which they did at one time for five years, 

16 



122 ROMAN ANTIQUITIES. 

Lit. vi. 35. They could put a negative (intercederc) upon all the 
decrees of the senate and ordinances of the people ; Cic. pro Mil. 
6. Liv. xlv. 21. Polyh. vi. 14, and a single tribune by his VETO, 
could stop the proceedings of all the other magistrates, which Csesar 
calls extremwn jus tribunorum, de Bell. Civ. i. 4. Liv. ii. 44. iv. 6. 
i& 48. vi. 35. Such was the force of this word, that whoever did 
not obey it, whether magistrate or private person, was immediately 
ordered to be led to prison by a viator ; or a day was appointed for 
his trial before the people ; as a violater of the sacred power of the 
tribunes, the exercise of which it was a crime to restrain, {in ordinem 
cogere,) Plin. Ep. i. 23. Liv. xxv. 3. 4. Plutarch, in Mario. They 
first began with bringing the chief of the patricians to their trial be- 
fore the Comitia Tributa ; as they did Coriolanus, Dionys. vii. 65. 

If anyone hurt a tribune in word or deed, he was held accursed, 
{sacer,) and his goods were confiscated, Liv. iii. 55. Dionys. vi. 89. 
vii. 17. Under the sanction of this law, they carried their power 
to an extravagant height. They claimed a right to prevent consuls 
from setting out to their provinces; Plutarch, in Crass. Dio. xxxix. 
39. and even to pull victorious generals from their triumphal cha- 
riots, Cic. pro CcbI. 14. They stopped the course of justice by put- 
ting off trials, Liv. iii. 25. Cic. Phil. ii. 2. in Vatin. 14. and hin- 
dering the execution of a sentence ; Cic. de prov. cons. 8. Liv, 
xxxviii. 60. They sometimes ordered the military tribunes, and 
even the consuls themselves, to prison, lAv. iv. 26. v. 9. Epit. 48. 
55. Cic. in Vatin. 9. & 10. Dio. xxxvii. 50. (as the Ephori at La- 
cedsBmon did their kings, J^ep. in Pans. 3. whom the tribunes at 
Rome resembled, Cic. de I^egg. iii. 7. & 9.) Hence it was said, 
Datum sub jugum iribuniticB potest atis consulatum fuisse, Liv. iv. 26, 

The tribunes usually did not give their negative to a law, till 
leave had been granted to speak for and against it, Liv. xlv. 21. ' 

The only effectual method of resisting the powder of the tribunes, 
was to procure one or more of their number, (e collegia tribunorum^) 
to put a negative on the proceedings of the rest, Iav. ii. 44. iv. 48. 
vi. 35. but those, who did so, might afterwards be brought to trial 
before the people by their colleagues, Liv. v. 29. 

Sometimes a tribune was prevailed on by entreaties or threats, to 
withdraw his negative, {intercessione desistere,) or he demanded 
time to consider it, {noctera sibi ad deliberandum postulavit ^ se pos- 
tero die moram nullam essefacturum,) Cic. pro Sext. 34. Attic, iv. 
2. Fam. viii. 8. or the consuls were armed with dictatorial power to 
oppose him, Coes, de Bell. Civ. i. 5. Cic. Phil. ii. 21. ^ 22. (see 
p. 3L) from the terror of which, M. Antonius and Q. Cassius Lon- 
ginus, tribunes of the commons, together with Curio and Coslius, 
fled from the city to Csesar into Gaul ; and afforded him a pretext 
for crossing the river Rubicon, which was the boundary of his pro- 
vince, and of leading his army to Rome, ibid, Dio. xli. 3. Appian. 
Bell. Civil, n.p. 448. Plutarch, in Cms. p, 727. Lucan. i. 273. 

We also find the senate exercising a right of limiting the power 



TRIBUNES. l^ 

of the tribunes, which was called CIRCUMSCRIPTIO, Cic. AtK 
vii. 9. pro Mil. 33. Ccbs. de Bell. Civ, i. 32. and of removing them 
from their office, {a republicd removendi, i. e. curia et foro interdicen- 
d{,) Caes. de Bell. Civ. iii. 21. Suet. Jul. 16. as they did likewise 
other magistrates, ibid. <$/• Cic. Phil. xiii. 9. On one occasion the 
senate even sent a tribune to prison, Dio. xl. 45. but this happened 
at a time when all order was violated, ibid. 46. 

The tribuneship was suspended when the decemviri were created, 
Liv. iii. 32. but not when a dictator was appointed, vi. 38. 

The power of the tribunes was confined to the city, Dionys. viii. 
87. and a mile around it ; {negne enim provocationem esse longius ah 
urbe miile passuum,) Li v. iii, 20. unless when they were sent any 
where by the senate and people ; and then they might, in any part 
of the empire, seize even a proconsul at the head of his army, and 
bring him to Rome, {jure sacrosanctcB polestatis,) Liv. xxix. 20. 

The tribunes were not allowed to remain all night (pernoctare) in 
the country, nor to be above one whole day out of town, except 
during the Ferice Latince, Dionys. viii. 87. and their doors were open 
day and night, that they might be always ready to receive the re- 
quests and complaints of the wretched, Gell. iii. 2, xiii. 12. Macrob. 
Sat. i. 3. 

The tribunes were addressed by the name, Tribuni. Those 
who implored their assistance, {eos appellabant^ velauxilimn implora- 
bantf) said A vobis, Tribuni, postulo, ut mihi auxilio sitis. 
The tribunes answered, Auxino erimus, vel non erimus, Liv. iv. 
26. xxviii. 45. 

When a law was to be passed, or a decree of the senate to be 
made, after the tribunes had consulted together, {cum in consilium 
secessissent,) one of their number declared, {ex sua collegarumque 
sententia vel pro collegio pronunciavit,) Se intercedere, vel non 

INTERCEDERE, aut MORAM FACERE COmiiUs, deleclui, &C. Also, SE 

NON PASSUROS legem ferri vei abrogari ; relaiiouem fieri de, &c. 
Pronuntianl placere, iSz:c. This was called DECRETUM tribune- 
rum, Liv. iii. 13. (^ alibi passim. Thus ; Medio decreto jus auxilii 
sui expediuntf exert their right of intercession by a moderate de- 
cree, ib. 

Sometimes the tribunes sat in judgment, and what they decreed 
was called their EDICTUM, or decretum, Cic. Verr. ii. 41. If 
any one differed from the rest, he likewise pronounced his decree ; 
thus, Tib, Gracchus ita dccrevit : Quo minus ex bonis Jj. Scipionis 

QUOD JUDICATUJVI SIT, REDIGATUR, SE NON INTERCEDERE PR^- 
TORI. L. SciPIONEM NON PASSURUM IN CARCERE ET IN VINCU- 

LIS ESSE, MiTTKiUE EUM SE JUBERE, Liv. xxxviii. 60. 

The tribunes early assumed the right of holding the comitia by 
tribes, and of making law^s (PLEBISCITA), which bound the whole 
Roman people, Liv. iii. 10. & 55. (See p. 92.) They also exer- 
cised the power of holding the senate, A. U. 298. Dionys. x. 3L 
Cic. de Legg. iii. 10, of dismissing it, when assembled by another, 



I'M ROMAN ANTIQUITIES, 

Appian. de Bell. Civ» ii. and of making a niotion, although the con- 
suls were present, Cii\ PhiL \\\4 1. pro Sext, 11. They likewise 
sometimes hindered the censors in the choice of the senate, Die, 
xxxvii. 9. 

The tribunes often assembled the people merely to make ha- 
rangues to them, {concionem advocabant vel popidum ad concionem,) 
Gell. xii. 14. By the ICILIAN law, it was forbidden, under the 
severest penalties, to interrupt a tribune while speaking, Dionys, 
vii. 17. Cic. pro Secct. 37. and no one was allowed to speak in the 
assemblies summoned by them, without their permission : Hence 
concionem dare^ to grant leave to speak, Cic. Alt. iv. 2. m concionerri 
ascender e J to mount the rostra^ ibid, concionem habere, to make a 
speech, or to hold an assembly for speaking ; and so, in concionem 
venire, Cic* pro Sext. 40. in concionem zocare, & in condone stare ; 
Id. Acad. iv. 47. but to hold an assembly for voting about any thing, 
was, habere comitia, vel AGERE cum populo, Gell. xiii. 15. 

The tribunes limited the time of speaking even to the consuls 
themselves, Cic. pro Rabir. 2. and sometimes would not permit them 
to speak at all. (See p. 103.) They could bring any one before 
the assembly, {ad concionem vel in condone producere,) and force 
them to answer what questions were put to them, Cic. in Vatin. 10. 
Pis. 6. & 7. post. red. in Sen. 6. Dio. xxxviii. 16. 

By these harangues, the tribunes often inflamed the populace 
against the nobility, and prevailed on them to pass the most perni- 
cious laws. 

The laws, which excited the greatest contentions, were about di- 
viding the public lands to the poorer citizens, (LEGES AGRA- 
RliE,) Liv. ii. 41. iv. 48. vi. 11. Cic. in Rull. — about the distribu- 
tion of corn at a low price, or for naught, {Leges FRUMENTARI^ 
vel annonarice ;) Liv. Epit. Ix. Ixxi. Cic. ad Ilerenn. i. 12. pro 
Sext. 25. Ascon. in Cic— and about the diminution of interest, {de 
lerando fcenort,) and the abolition of debts, either in whole or in 
part, {de novis tubules ;~leges FOENEBRES,) Liv. vi. 27. ^ 35. 
vii. 16. ^ 42. xxxv. 7. Paterc. ii. 23. See p. 49. 

But these popular lav/s were usually joined by the tribunes with 
others respecting the aggrandizement of themselves and their order, 
Liv. vi. 35. ^ 39. and when the latter were granted, the former 
were often dropped, c. 42. At last, however, after great struggles, 
the tribunes laid open the way for plebeians to all the ofl[ices of the 
state. 

The government of Rome was now brought to its just equilibrium. 
There was no obstruction to merit, and the most deserving were 
promoted. The republic was managed for several ages with quiet 
and moderation, (placide modesteque.) But when wealth and luxu- 
ry were introduced, and avarice had seized all ranks, especially after 
the destruction of Carthage, the more wealthy plebeians joined the 
patricians, and they in conjunction engrossed all the honours and 
emoluments of the state. The body of the people were oppressed ; 



TRIBUNES. 125 

and the tribunes, either overawed or gained, did not exert their in- 
fluence to prevent it ; or rather perhaps their interposition was dis- 
regarded, Sallust. Jug. 41. 

At last Tiberius and Caius Gracchus, the grandsons of the great 
Scipio Africanus by his daughter CorneHa, bravely undertook to as- 
sert the liberties of the people, and to check the oppression of the 
nobility. But proceeding with too great ardour, and not being suffi- 
ciently supported by the multitude, they fell a sacrifice to the rage of 
their enemies. Tiberius, while tribune, was slain in the capitol, 
by the nobility, with his cousin Scipio Nasica, Ponlifex Maximus, at 
their head ; A. U. 620. Appian. de Bell. Civ. i. 359. Cic. Cat. i. 1. 
and Caius, a few years after, perished by means of the consul Opi- 
mius, who slaughtered a great number of the plebeians, Sallust. Jug, 
16. <fe 42. This was the first civil blood shed at Rome, which af- 
terwards at different times deluged the state, Jlppian. ibid. i. 349. 
Veil. ii. 3. From this period, when arms and violence began to be 
used with impunity in the legislative assemblies, and laws enacted 
by force to be held as valid, we date the commencement of the ruin 
of Roman liberty. 

The fate of the Gracchi discouraged others from espousing the 
cause of the people. In consequence of which, the power of the 
nobles v^'^as increased, and the wretched plebeians were more op- 
pressed than ever, Sallust. Jug. 31. 

But in the Jugurthine war, when, by the infamous corruption of 
the nobility, the republic had been basely betrayed, the plebeians, 
animated by the bold eloquence of the tribune Memmius, regained 
the ascendency, Ibid. 40. 65. 73. (^ 84. The contest betwixt the 
two orders was renewed ; but the people being misled and abused 
by their favourite, the faithless and ambitious Marius, Dio. fragment, 
xxxiv. 64. the nobility again prevailed under the conduct of Sylla. 

Sylla abridged, and in a manner extinguished, the power of the 
tribunes, by enacting, " That whoever had been tribune, should 
not afterwards enjoy any other magistracy ; that there should be no 
appeal to the tribunes ; that they should not be allowed to assemble 
the people, and make harangues to them, nor propose laws," Liv. 
Epit. 89. Appian. B. Civ. i. 413. but should only retain the right of 
intercession, Ccrs, de Bell. Civ. i. 6. {injuritt faciendcs potestatem 
ademit, auxilii ferendi reliquit,) which Cicero greatly approves, Cic. 
de Legg, iii. 9. 

But after the death of Sylla, the power of the tribunes was re- 
stored. In the consulship of Cotta, A. U. 670, they obtained the 
right of enjoying other offices, Ascon. in Cic. and in the consulship 
of Pompey and Crassus, A. U. 683. all their former powers ; Sail. 
Cat. 38. Cic. in Verr. i. 15. de Legg. iii. 11. a thing which Caesar 
strenuously promoted. Suet. Jul. 5. 

The tribes henceforth were employed by the leading men as the 
tools of their ambition. Backed by a hired mob, {a conductd plebe 
stipati,) they determined every thing by force. They made and ab- 



1:26 ROMAN ANTIQUITIES. 

rogated laws at pleasure, Cic. in Pis, 4 pro Sext. 25. They dis- 
posed of the public lands and taxes as they thought proper, and 
Conferred provinces and commands on those who purchased them 
at the highest price, Cic, pro Sext. 6. 10. 24. 26. (^c. pro Dom. 8. 
& 20. The assemblies of the people were converted into scenes of 
violence and massacre ; and the most daring always prevailed, Cic, 
pro Sext. 35. 36. 37. 38. <^c. Dio. xxxix. 7. 8. 4rc. 

Julius Caesar, who had been the principal cause of these excesses, 
and had made the violation of the power of the tribunes, a pretext 
for making war on his country ; (see p. 122.) having at last become 
master of the republic by force of arms, reduced that power, by 
which he had been raised, to a mere name ; and deprived the tri- 
bunes of their oliice {poteslate privamt) at pleasure, Swe^ Jul. 11^, 
Dio. xliv. 10. Veil ii. 68. 

Augustus got the tribunitian power to be conferred on himself for 
life, by a decree of the senate, Dio. li. 19. the exercise of it by pro- 
per magistrates, as formerly, being inconsistent with an absolute mo- 
narch, which that artful usurper established. Suet. Aug. 27. Tacit, 
Ann, iii. 56. This power gave him the right of holding the senate, 
Dio. liv. 3. (see p. 23.) of assembling the people, and of being ap- 
pealed to in all cases, Dio. li. 19. It also rendered his person sacred 
and inviolable ; so that it became a capital crime {crimen MAJES- 
TATIS) to injure him in word or deed, Dio. liii. 17. which, under 
the succeeding emperors, served as a pretext for cutting off numbers 
of the first men in the state, and proved one of the chief supports of 
tyranny, (ADJUMENTA REGNI,) TaciL Annal. iii. 38. Suet. Tib, 
58. & 61. J^er. 35. Hence this among other powers used to be 
conferred on the Emperors in the beginning of their reign, or upon 
other solemn occasions ; and then they were said to be Tribunitia 
potestate donati, Capitol, in M. Anton. — Vopisc. m Tacit, (see p. 33.) 
Hence also, the years of their government were called the years^of 
their tribunitian power, Dio. liii. 17. which are found often marked 
on ancient coins ; computed not from the first of January, nor from 
the 10th of December, (iv. 7c?. Dec.) the day on which the tribunes 
entered on their office ; but from the day on which they assumed 
the empire. 

The tribunes, however, still continued to be elected, although they 
retained only the shadov/ of their former power, (inanem umhram et 
sine honors nomcn,) Plin. Ep. i. 23. Paneg. 10. & 95. Tacit. 1. 77. 
xiii. 28. and seem to have remained to the time of Constantine, who 
abolished this with other ancient offices. 

V. iEDILES. 

The Mdiles, w^ere named from their care of the buildings, {a cura 
jedium.) 

The ^diles were either plebeian or curule. 

Two iEDILES PLEBEII were first created, A. U. 260, in the 
Comitia Curiata, at the same time with the tribunes of the commons, 



iEDILES. 127 

to be QS it were their assistants, and to determine certain lesser 
causes, which the tribunes committed to them, Dionys. vi. 90. 
They were afterwards created, as the other inferior magistrates, at 
the Comitia Tributa. 

Two ^DILES CURULES were created from the patricians, 
A. U. 387, to perform certain public games, Liv, vi. 42. They 
were first chosen alternately from the patricians and plebeians, but 
afterwards, promiscuously from both, Liv. vii. 1. at the Comitia 
Tributa, Gell. vi. 9. 

The curule sediles wore the toga prcRtexta, had the right of ima- 
ges, and a more honourable place of giving their opinion in the se- 
nate, Cic. Verr. v. 14. They used the sella curulis, when they ad- 
ministered justice, whence they had their name, ib. Whereas the 
plebeian sediles sat on benches, Ascon. in Cic. but they were invio- 
lable, (SACROSANCTI,) as the tribunes, Festus. Liv. iii. 55. 

The office of the sediles was to take care of the city, Cic. de Legg. 
iii. 3. its public buildings, temples, theatres, baths, basilicce, porticos, 
aquaeducts, common sewers, public roads ; &c. especially when 
there were no censors : also of private buildings, lest they should 
become ruinous, and deform the city, or occasion danger to passen- 
gers. They likewise took care of provisions, markets, taverns, &c. 
They inspected those things which were exposed to sale in the Fo- 
rum ; and if they were not good, they caused them to be thrown 
into the Tiber, Plant. Rud. ii. 3. 42. They broke unjust weights and 
measures, Juvenal, x. 101. They limited the expenses of funerals, 
Cic. Phil. ix. 7. Ovid. Fast. vi. 663. They restrained the avarice 
of usurers, Liv. x. 37. They fined or banished women of bad cha- 
racter, after being condemned by the senate or people. Tacit. Ann. 
ii. 85. Liv. x. 31. xxv. 2. They took care that no new gods or re- 
ligious ceremonies were introduced, Liv. iv. 30. They punished not 
only petulant actions, but even words, Gell. x. 6. 

The gediles took cognizance of these things, proposed edicts con- 
cerning them. Plant. Capt. iv, 2. v. 43. and fined delinquents. 

The asdiles had neither the right of summoning nor of seizing, un- 
less by the order of the tribunes ; nor did they use lictors or viato- 
res, but only public slaves. Gell, xiii. 12. They might even be 
sued at law, (injns vocari,) by a private person, ibid. 13. It belong- 
ed to the sediles, particularly the curule sediles, to exhibit public so- 
lemn games, Liv. xxiv. 43. xxvii, 6. which they sometimes did at a 
prodigious expense, to pave the way for future preferments, Cic, 
Off. ii. 16. They examined the plays which were to be brought on 
the stage, and rewarded or punished the actors as they deserved, 
Plant. Trin. iv. 2. 148. Cist. Epil. 3. They were bound by oath 
to give the palm to the most deserving. Id. Amphit. Prol. 72. Agrip- 
pa, when sedile under Augustus, banished all jugglers (prcestigiatores) 
and astrologers, Dio. xlix. 43. 

It was peculiarly the office of the plebeian sediles to keep the de- 
crees of the senate, and the ordinances of the people, in the temple 
of Ceres, and afterwards in the treasury, Liv. iii. 55. 



128 ROjVIAN antiquities. 

Julius Cjesar added two other -jediles, called CEREALES, {a 
Cerere,) to inspect the public stores of corn and other provisions, 
Suet. Jul. 41. Dio. xliii. 51. 

The free towns also had their aediles, Juv. ii). 179. where some- 
times they were the only magistrates, as at Arpinum, Cic, Fam* 
xiii. 11. 

The aediles seem to have continued, but with some variations, to 
the time of Constantine. 

VI. QUiESTORS. 

The Quaestors were so called, {a qucBrendo,) because they got in 
the public revenues, {publicas pecunias conquirebant,) Varro de L. 
L. iv. 14. 

The institution of quaestors seems to have been nearly as ancient 
as the city itself. They were first appointed by the kings, accord- 
ing to Tacitus, Annul, xi. 22. And then by the consuls, to the year 
307, when they began to be elected by the people, at the Comitia 
Tributa, Cic. Fam. vi. 30. Others say, that two quaestors were 
created by the people from among the patricians, soon after the ex- 
pulsion of Tarquin, to take care of the treasury, according to a law 
passed by Valerius Poplicola, Plutarch, in Poplic. Dioriys. v. 34. 

In the year 333, besides the tw^o city quaestors, two others were 
created to attend the consuls in war, {id consulibus ad ministeria bel- 
li prcesto essmt ;) and from this time the quaestors might be chosen 
indifferently from the plebeians and patricians, Liv. iv. 43. After 
all Italy was subdued, four more were added, A. U. 498. about the 
same time that the coining of silver was first introduced at Rome, 
Liv. Epit. XV. Sylla increased their number to 20, {supplendo sena- 
tuiy cum judicia tradlderat,) Tacit. Ann. xi. 22. and Julius Caesar to 
40, Dion, xliii. 47. Under the Emperors their number was uncer- 
tain and arbitrary. 

Two qufestors onlv remained at Rome, and were called QU^S- 
TORES URBANI Ttherest, PROVINCIALES or MILITARES. 

The principal charge of the city qu^stors was the care of the 
treasury, which was kept in the temple of Saturn, Suet. Claud. 24. 
Plut. QucBst. Rom. 40. They received and expended the public 
money, and entered an account of their receipts and disbursements, 
(in tabulas accepli el expensi referebant,) Ascon. in Cic. They ex- 
acted the fines imposed by the public, Liv. xxxviii. 60. Tacit. Ann, 
xiii. 28. The money thus raised was called ARGENTUM MUL- 
TATITIUM, Liv. XXX. 39. 

The quaestors kept the military standards in the treasury, (which 
were generally of silver, Plin. xxxiii. 3. s. 19. sometimes of gold, 
for the Romans did not use colours, {non velis utebantur ;) and 
brought them out to the consuls when going upon an expedition, Liv. 
lii. 69. iv. 22. vii. 23. They entertained foreign ambassadors ; 
provided them with lodgings, and delivered to them the presents of 
the public, Valer. Max. v. 1. They took care of the funerals of 



QUJF;ST0RS. 129 

those who were buried at the public expense, as Menenius Agrip- 
pa, Dionya, vi. fin, Sulpicius, Cic, Phil. ix. 7. They exercised a 
certain jurisdiction, especially among their clftrks, Pint, m Cai, 
Min. 

Commanders returning from war, before they could obtain a tri- 
umph, were obliged to swear before the quaestors, that they had 
written to the senate a true account of the number of the enemy 
they had slain, and of the citizens that were missings Vahr, jMass. 
ii. 8. 

The provinces of the quaestors were annually distributed to them 
by lot, Cic. pro Mur, 8. after the senate had determined into what 
province quaestors should be sent. Whence SORS is often put for 
the office or appointment of a quaestor, Cic. Verr. i. 15. CceciL 14. 
Fcem. ii. 19. as of other magistrates, Id. Verr. Act. i. 8. Plane. 27. 
Liv. XXXV. 6. and public officers, Cic. Cat. iv. 7. or for the condi- 
tion of any one, Horat. Sat. i. 1. Ep. i. 14. 11. Stiet. Avg. 19. 
Sometimes a certain province was given to a particular qusestor by 
the senate or people, Liv. xxx. 33. But Pompey chose Cassius as 
his quaestor, and Caesar chose Antonv, of themselves, {sine sorte^) 
Cic. Att. vi. 6. Cic. Phil. ii. 20. 

The office of the provincial qusestors was to attend the consuls or 
praetors into their provinces ; to take care that provisions and pay 
were furnished to the army ; to keep the money deposited by the 
soldiers ; {nummos ad signa depositos,) Suet. Dom. 8. Yeget. ii. 20. 
to exact the taxes and tribute of the empire ; Cic. in Verr. i. 14. & 
38. to take care of the money, and to sell the spoils taken in war ; 
Liv. v. 26. xxvi. 47. Plant. Bacch. iv. 9. v. 153. Polyb.x. 19. to 
return an account of every thing to the treasury ; and to exercise 
the jurisdiction assigned them by their governors, Cic. Divin. in Cca- 
cil. 17. Smt. Jul. 7. When the governor left the province, the 
quaestor usually supplied his place, Cic. adFam. ii. 15. & 18. 

There subsisted the closest connexion between a proconsul or 
propraetor and his quaestor, (in parentnin loco qucBstoribus suis 
erant,) Cic. pro Plane. 11. Divinat. in Caecil. 19. ad Fam. xiii. 10. 
26. Plin. Ep. iv. 15. If a quaestor died, another was appointed by 
the governor in his room, called PROQU^ESTOR, Cic. in Verr. i, 
15. & 38. 

The place in the camp where the quaestor's tent w-as, and where 
he kept his stores, was called QUiESTORIUM, or Qucestoriumfo' 
ram, Liv. x. 32. xli. 2. so also the place in the province where he 
kept his accounts and transacted business, Cic. pro Plane. 41. 

The city quaestors had neither lictors nor viator as, because they 
had not the power of summoning or apprehending, Gell. xiii. 12. 
and might be prosecuted by a private person before the praetor, ibid, 
13. Suet. Jul. 23, They could, however, hold the Comitia ; and 
it seems to have been a part of their office in ancient times to prose- 
cute those guilty of treason, and punish them when condemed, Di- 
•»^*. viii. 77. Liv, \h 4L iii, 24. 25. 

17 



130 ROMAN ANTIQUITIES. 

The provincial quaestors were attended by lictors, at least in the 
absence of the praetor, Cic. pro Plane, 41. and by clerks, Cic. in 
Verr, iii. 78. 

The quaestorship was the first step of preferment, (primus gradus 
honorus,) Cic. in Verr. i. 4. which gave one admission into the sen- 
ate, Cic. (see p. 16.) when he was said adire ad rempublicam, Cic. or 
rempublicam capessere, Vel. ii. 94. It was, however, sometimes held 
by those who had been consuls, Dionys. x. 23. Liv. iii. 25. 

Under the emperors the quaestorship underwent various changes. 
A distinction was introduced between the treasury of the public 
(^RARIUM) and the treasury of the prince, (FISCUS) SueL/lvg, 
102. Tacit. Annal vi. 2. Plin, Pan. 30. Dio. liii. 16. and different 
officers were appointed for the management of each. 

Augustus took from the quaestors the charge of the treasury, and 
gave it to the praetors, or to those who had been praetors ; Suet, 
Aug. 36. Tacit. Ann. xiii. 28. Dio. liii. 2. but Claudius restored it 
to the quaestors, Suet. Claud. 24. Afterwards praefects of the trea- 
sury seem to have been appointed, Plin. Epist. iii. 4. Tacit. Annul, 
xiii. 28. & 29. 

Those who had borne the quaestorship used to assemble the jud- 
ges, called centumviri, and preside at their courts ; but Augustus 
provided that this should be done by the decemviri litibus judican- 
diSf Suet. Aug. 36. The qutestors also chose the judices, Dio. 
xxxix. 7. Augustus gave to the quaestors the charge of the public 
records, which the aediles, or as Dio Cassius says, the tribunes had 
formerly exercised, /. liv. 36. But this too was afterwards trans- 
ferred to praefects. Tacit, loc. cit. 

Augustus introduced a new kind of quaestors, called QUiESTO- 
RES CANDIDATI, or candidati principes vel Augiisti, Suet. Aug. 
56. Claud. 49 ; vel. Ceesaris, Veil. ii. 124. who used to carry the 
messages of the emperor, (libellos, epistolas, et oraiiones,) to the se- 
nate. Suet. Til. 6. (See p. 31.) They were called cayididati because 
they sued for higher preferments, which by the interest of the em- 
peror they were sure to obtain ; hence, Petis tanquam Ccssaris can- 
didalusj i. e. carelessly, Quinciilian, vi. 3. 62. 

Augustus ordained by an edict that persons might enjoy the 
quaestorship, and of course be admitted into the senate, .at the age 
of twenty-two, Plin. Epist. x. 83. & 84. 

Under the emperors, the quaestors exhibited shows of gladiators, 
which they seem to have done at their own expense, as a requisite 
for obtaining the office. Tacit. Ann. xi. 22. Suet. Domit. 4. 

Constantino instituted a new kind of quaestors, called QUiES- 
TORES PALATIl, who were much the same with what are in 
England called Chancellors^ Zosim. v. Procop. de bell. Pers. 

Other ORDINARY MAGISTRATES. 

There were various other ordinary magistrates ; as, TRIUM- 
VIRI CAPITALES, who judged concerning slaves and persons of 



ORDINARY MAGISTRATES, 131 

the lowest rank, Plant Aul. iii. 2. 2. and who also had the charge of 
the prison ; Liv. xxxii. 26. and of the execution of condemned cri- 
minals, Sail. Cat. 55. 

TRIUMVIRI MONETALES, who had the charge of the mint; 
{qui aiiro, argento, csri jiando, feriundo proeme.rant, which is often 
marked in letters, A. A. A. F. F.) Dio: liv. 26. According to the 
advice of Mjecenas to Augustus, Dio. Iii. 29. it appears that only 
Roman coins were permitted to circulate in the provinces, Matth. 
xxii. 20. 

NUMMULARII, vel pecunice spectatores, assaymasters, (ad quos 
nurami probandi, causa defer ebantur, an probi essent, cujos auri 
an subarali^ an (zqui ponderis^ an bonce fas ionas.) 

TRIUMVIRI NOCTURNI, vel tresviri, who had the charge of 
preventing fires, (incendiis per urbem arcendis prceerant.) Liv. and 
walking round the watches in the night time, {vigilias circumibantf) 
attended by eight Hctors, Plant. Amphit. i. 1. 3. 

QUATUOR VIRI VIALES, vel viocuri (qui vias curihant,) 
who had the charge of the streets and public roads. 

All these magistrates used to be created by the people at the Co* 
mitia Tributa. 

Some add to the Magistraius Ordi7iarii Minores, the CENTUM- 
VIRI lilibus judicandis, (vel stlilibus judicandis, for so it was an- 
ciently written,) a body of men chosen out of every tribe, (so that 
properly there were 105^) for judging such causes as the praetor 
committed to their decision ; and also the DECEMVIRI litibus ju- 
dicandis. But these were generally not reckoned magistrates, but 
only judges. 

Mw ORDJKARY MAGISTRATES under the EMPERORS. 

Augustus instituted several new" offices ; as, Curatores operum 
publicorum, viarum, aquarum, alvei Tiberis^ sc. repurgandiy el lax- 
ioris faciendi, frumenti populo dividundi ; persons who had the 
charge of the public works ; of the roads ; of bringing water to the 
city; of cleaning and enlarging the channel of the Tiber, and of 
distributing corn to the people, Suet. Aug. 37. The chief of these 
offices were, 

1. The governor of the city, (PRiEFECTUS URBI, vel urbis) 
whose power was very great, and generally contmued for several 
years. Tacit. Ann. vi. 11. 

A praefect of the city used likewise formerly to be chosen occa- 
sionally {in tf.mpus deligebatur,) in the absence of the kings, and 
afterwards of the consuls. He was not chosen by the people, but 
appointed, first by the kings, and afterwards by the consuls, (a re- 
gibus impositi : Poslea consules rnandabant, Tacit, ibid.) He might, 
however, assemble the senate, even although he was not a senator, 
Gell. \\v. c. ult. and also hold the comitia, Liv. i. 59. But after 
the creation of the praetor, he used only to be appointed for cele- 
brating the Ferice LatincE, or Latin holy-days. 



133 ROMAN ANTIQUITIEa 

Augustus instituted this magistracy by the advice of Mafeceriai^j, 
Dio. lii. 21. who himself in the civil wars had been entrusted by 
Augustus with the charge of the city and of Italy, cunctis upud Ro- 
fnctm atque Italiarn prccposilus.) Tacit, ibid. Hor. Od. iii. 8. 17. 
Ibid. 29. 25. The first prasfect of the city was Messala Corvinus, 
only for a few days : after him Taurus Statilius, and then Piso for 20 
years. He was usually chosen from the principal men of the slate 
(ex viris primariis cons/daribus.) His office comprehended many 
things, which had formerly belonged to the prastor and aediles. He 
administered justice betwixt masters and slaves, freedmen and pa- 
trons : he judged of the crimes of guardians and curators ; he check- 
ed the frauds of bankers and money brokers ; he had the superin- 
tendence of the shambles, (camis curam gei-ebal,) and of the public 
spectacles : in short, he took care to preserve order and public 
quiet, and punished all transgressions of it, not only in the city, but 
within a hundred miles of it, [irdra confesimum ab urbc lapidemi) 
Dio. lii. 2L He had the power of banishing persons both from 
the city and from Italy ; and of transporting them to any island, 
which the emperor named, (m insulam deportandi^ Uloian. de off. 
Prsef. Urb. 

Tlie praefect of the city w^as, as it were, the substitute {vicarius) 
of the Empeior, and had one under him, who exercised jurisdiction 
in his absence, or by his command. 

The prcefect of the city seems to have had the same insignia with 
the prcetors. 

II. The prsfect of the prg3torian cohorts, (PRiEFECTUS 

PRiETORIO, vel prmtoriis cohoriibus ;) or the commander of the 
emperor's body guards. 

Augustus instituted two of these from the equestrian order, by the 
advice of Majcenas, that they might counteract one another, if one 
of them attempted any innovation, Dio. lii. 24. Their power was 
at first but small, and merely military. But Sejanus, being alone 
Invested by Tiberius with this command, increased its influence ; 
{rim prczfeciurcB modicum antea intendit,) by collecting the prsetorian 
cohorts, formerly dispersed through the city, into one camp, TaciL 
Ann. iv. 2. Smi. Tib. 37. 

The prsefect of the praetorian bands was, under the succeeding 
emperors, made the instrument of their tyranny, and therefore that 
office was conferred on none but those whom they could entirely 
trust. 

They always attended the emperor to execute his commands : 
Hence their power becam.e so great, that it w^as little inferior to that 
of the emperor himself, (ul non multum abfuerit a principalu ; mu- 
nus proxirnitm vel alterum ab Aiigusii iw.perio^ Victor, de Ca3s. 9.) 
Trials and appeals were brought before them ; and from their sen- 
tence there was no appeal, rjnless by way of supplication to the ©m* 
peror. 



ORDINARY MAGISTRATES, 1S3 

The Praetorian prsefect was appointed to his office by the empe- 
ror's delivering to him a sword, Piin, Paneg, 67. Herod, iii. 2. Dio. 
Ixviii. 33. 

Sometimes there was but one prefect, and sometimes two. Con- 
stantine created [our pnpfecii prce fori o : but he changed their office 
very miicli from its original institution ; for he made it a civil in- 
stead of a military office, and divided among them the care of the 
whole empire. To one he gave the command of the east ; to an- 
other of lllyricum ; to a third of Italy and Africa ; and to a fourth, 
of Gaul, vSpain, and Britain ; but he took from themthe command 
of the soldiers, and transferred that to officers, who were called ma- 
gistri equitum. 

Under each of these prczfectl proBtorio were several substitutes (vt- 
carii,) who had the charge of certain districts, which were called 
DIQECESSES ; and the chief city in each of these, where they held 
their courts, was called METROPOLIS. Each dicececis might con- 
tain several metropoles ^ and each inatropolis had several cities un- 
der it. But Cicero uses DICECESIS for the part of a province; 
ad Auic. V. 21. Fam. iii. 8. xiii. 53. 67. and calls himself EPISCO- 
PUS, inspector or governor of the Campanian coast, as of a dicccesiSf 
ad Att. vii. II. 

III. PR^FECTUS ANNONiE, vel reifrumentariiz, who had 
the charge of procuring corn. 

A magistrate used to be created for that purpose on extraordinary 
occasions under the republic ; thus L. Minutius, Liv. iv. 12. and so 
afterwards Pompey with greater power ; {omnis potestas reifrumen- 
iarice tola orbe in qninquermium ei data est^) Cic. Att. iv. 1. Dio. 
xxxix. 9. Liv. Epit. 104. Plin. Pan. 29. In the time of a great 
scarcity, Augustus himself undertook the charge of providing corn, 
(prcBfe.cturam annon<p suscepit, and ordained, that for the future two 
men of preetorian dignity should be annually elected to discharge 
that office, Dio. liv. 1. afterwards he appointed four, ibid. 17. and 
thus it became an ordinary magistracy. But usually there seems to 
have been but one prcef edits annonce ; it was at first an office of 
great dignity, Tacit. Jinn. i. 7. xi. 31. Hist. iv. 68. but not so in af- 
ter times, Bocth. de Consul. Phil. iii. 

IV. PRiEFECTUS MILITARIS iERARlI ; a person who had 
charge of the public fund, which Augustus instituted for the support 
of the army, {(Brarium militare cAimnovis vectigalihus ad iuendos pro- 
sequendosque milites, Suet. Aug. 49.) 

V. PRyEFECTUS CLASSIS, admiral of the fleet. Augustus 
equipped two fleets; which he stationed, {constituit,) the one at 
Ravenna on the Hadriatic, and the other at Misena or -um on the 
Tuscan sea. Each of these had its own proper commander, (prce' 
fecius classis Ravennatis^ Tacit. Hist. iii. 12. et prcef eclus classis Mi* 

itnaiium, Vegeti iv. 32.) There were also ships stationed in other 



134 ROMAN ANTIQUITIES. 

places ; as, in the Pontus Euxinus, Tacit. HisL ii. 83. near Alexan- 
dria, Suet. Aug. 98. on the Rhine, Flor, iv. 12. and Danube, Tacit, 
Annal. xiii. 30. &c. 

VI. PR^FECTUS VIGILUM; the officer who commanded 
the soldiers who were appointed to watch the city. Of these there 
were seven cohorts, one for every two wards, {una cohors binis re^ 
gionibus,) composed chiefly of manumitted slaves, (libertino milite^) 
Suet. Aug. 25. & 30. Those who guarded adjoining houses in the 
night time, carried each of them a bell, (xw<5wv, tintinnabulum.) to 
give the alarm to one another, when any thing happened, Dio. 
liv. 4. 

The prcefectus vigilum took cognizance of incendiaries, thieves, 
vagrants, and the like ; and if any atrocious case happened, it was 
remitted to the prajfect of the city. 

There were various other magistrates in the latter times of the 
empire, called Comltes^ Correctores, Duces, Magistri Oficiorum, 
Scriniorum, &c. who were honoured with various epithets according 
to their different degrees of dignity ; as, Clarissimi, illustres, specla- 
biles, egregii, perfectissimi, &:c. The highest title was, nobilissimus 
and gloria sis simus. 

EXTRAORDINARY MAGISTRATES, 
1. DICTATOR and MASTER of HORSE. 

The dictator was so called, either because he was named by the 
consul, {quod a consnle diceretur, cui dicto nmnes audientes e.ssent, 
Varro de Lat. ling. iv. 14.) or rather from his publishing edicts or 
orders, {a dictando, quod multo dictaret, i. e. ediceret ; ei homines 
pro legibus haberent quce diceret, Suet. Jul. 77.) He was also called 
magister populi, Sen. Epist. 108. and proetor maximus, Liv. vii. 3. 

This magistracy seems to have been borrowed from the Albans, 
or Latins, Liv. i. 23. Cic, pro Mil. 10. . 

It is uncertain who was first created dictator, or in what year. 
Livy says, that T. Lartius was first created dictator, A. U. 253, nine 
years after the expulsion of the kings, ibid. 

The first cause of creating a dictator was the fear of a domestic se- 
dition, and of a dangerous war from the Latins. As the authority of 
the consuls was not sufficiently respected on account of the liberty 
of appeal from them, it was judged proper, in dangerous conjunc- 
tures, to create a single magistrate with absolute power, from whom 
there should be no appeal, Liv. ii. 18. 29. iii. 20. Cic. de Leg. iii. 3. 
and who should not be restrained by the interposition of a colleague, 
Dionys. v. 70. (^c. 

A dictator was afterwards created also for other causes ; 

As, I. For fixing a nail {clavi Jigendi \e\ pangendi causa) in the 
right side of the temple of Jupiter, which is supposed to have been 
done in those rude ages, (cmw literce erant rarcey) to mark the number 



EXTRAORDINARY MAGISTRATES, 135 

of years. This was commonly done by the ordinary magistrates ; 
but in the time of a pestilence, or of any great public calamity, a 
dictator was created for that purpose, {(pna majus imperium eratj) 
to avert the divine wrath, Liv. vii. 3. viii. 18. 

2. For holding the comitia, Liv. viii. 23. ix. 7. xxv. 2. 

3. For the sake of instituting holidays, Id. vii. 28. or of celebrat- 
ing games, when the praetor was indisposed, Liv. viii. 40. ix. 34. 

4. For holding trials, {quccstionihus exercendis,) Id. ix. 26. 

And 5. Once for choosing senators, {qui senatum legeret,) on which 
occasion there were two dictators, one at Rome, and another com- 
manding an army, which never was the case at any other time, Liv, 
xxiii. 22. &:c. 

The dictator was not created by the suffrages of the people, as 
the other magistrates ; but one of the consuls, by order of the se- 
nate, named as dictator whatever person of consular dignity he 
thought proper ; and this he did, after having taken the auspices, 
usually in the dead of the night, {noctis silentio, ut mos est, dictator 
rum dixit) Liv. ix. 38. viii. 23. Dionys. x. 23. {post mediam noc^ 
tern,) Fest. in voce, silentio, siNiSTRUJVf, et solida sella. 

One of the military tribunes also could name a dictator, about 
which Livy informs us there was some scruple, iv. 31. . 

A dictator might be nominated out of Rome, provided it was in the 
Roman territory, which was limited to Italy. 

Sometimes the people gave directions whom the consul should 
name dictator, Liv. xxvii. 6. 

Sulla and Caesar were made dictators at the comitia, an interrex 
presiding at the creation of the former, and Lepidus the praetor at 
the creation of the latter, Cic. pro Rull. iii. 2. Ccbs. bel. civ. ii. 19. 
Dio. xli. 36. 

In the second Punic war, A. U. .536, after the destruction of the 
Consul Flaminius and his army at the Thrasiniene lake, when the 
other consul was absent from Rome, and word could not easily be 
sent to him, the people created Q. Fabius Maximus PRODICTA- 
TOR, and M. Minucius Rufus Master of horse, Liv. xxii. 8. & 31. 

The power of the dictator was supreme both in peace and war. 
He could raise and disband armies ; he could determine on the hfe 
and fortunes of Roman citizens, without consulting the people or se- 
nate. His edict was observed as an oracle {pro numine observatum), 
Liv. viii. 34. At first there was no appeal from him, till a law was 
passed, that no magistrate should be created without the liberty of 
appeal, {sine provocatione,) first by the Consuls Horatius and Vale- 
rius, A. U. 304. L/r. iii. 55. and afterwards by the Consul M, 
Valerius, A. U. 453. Liv. x. 9. Festus in voc. optima lex. But the 
force of this law with respect to the dictator is doubtful. It was 
once strongly contested, Liv. viii. 33. but never finally decided. 

The dictator was attended by twenty-four lictors with the fasces 
and secures even in the city, Liv. ii. 18. so that Livy justly calls im- 
perium dictatoris, sua ingenio vehemensj ii. 30. 



1S6 ROMAN ANTIQUITIES. 

When a dictator was created, all the other magistrates abdicated 
their authority, except the tribunes of the commons, Polyb. iii. 87. 
The consuls however still continued to act, Lir^. iv. 27. but in obe- 
dience to the dictator, and without any ensigns of authority in his 
presence, Liv. xxii, 11. 

The power of the dictator was circumscribed by certain limits, 

1. It only continued for the space of six months, {semcslris dictatu- 
ra,) Liv. ix. 34. even although the business for which he had been 
created was not finished ; and was never prolonged beyond that 
time, except in extrenie necessity, as in the case of Camillus, Liv» 
vi. 1. For Sulha and Caesar usurped their perpetual dictatorship, in 
contempt of the laws of tlieir country. 

But the dictator usually resigned his command whenever he had 
effected the business for which he had been created. Thus Q. Cin- 
cinnatus and Mamercos iEmilius abdicated the dictatorship on the 
15th dav, Liv. iii. 29. iv. 34. Q. Servilius on the eighth day, Id, iv. 
47. (fee." 

2. The dictator could lay out none of the public money, without 
the authority of the senate, or the order of the people. 

3. A dictator was not permitted to go out of Italy ; which was 
only once violated, and that on account of the most urgent necessity, 
in Atilius Calatinus, Liv. Epit. xix. 

4. The dictator was not allowed to ride on horseback, without 
asking the permission of the people, Liv. xxiii. 13. to show, as it is 
thought, that the chief strength of the Roman army consisted in the 
infantry ; or by limiting the rapidity of his movements, to restrain a 
spirit of ambition. 

But the principal check against a dictator's abuse of power was, 
that he might be called to an account for his conduct when he re- 
signed his office. Liv, vii. 4. 

For 120 years before Sulla, the creation of a dictator was disused, 
but in dangerous emergencies the consuls were armed with dictato- 
rial power. After the death of Ccesar, the dictatorship was forever 
abolished by a lav/ of Antony the consul, Cic. Phil. i. 1.. And when 
Augustus was urged by the people to accept the dictatorship, he re- 
fused it with the strongest marks of aversion, {genunixus, dejecta ah 
humeris toga, nudo peciore, depreratus est,) Suet. Aug. 52. Possess- 
ed of the power, he wisely declined an odious appellation, l)io. liv. 
1. For, ever since the usurpation of Sulla, the dictatorship was de- 
tested, on account of the cruelties which that tyrant had exercised 
under the title of dictator. 

To allay the tumults which followed the murder of Clodius by 
Milo, in place of a dictator, Pompey was by an unprecedented mea- 
sure made sole consul, A. U. 702, Dio. xl. 50. He however, on 
the first of August, assumed Scipio, his father-in-law, as colleaguej 
Dio. xl. 51. 

When a dictator was created, he immediately nominated (dixit) 
a master of horse, (MAGISTER EQUiTUM.) usually from those 



EXTRAORDINARY MAGISTRATES. 137 

of consular or praetorian dignity, whose pro|>er office was to com- 
mand the cavalry, and also to execute the orders of the dictator. 
M. Fabius Buteo, the dictator nominated to choose the senate, had 
no master of horse. 

Sometimes a master of horse was pitched upon (datus vel additus 
est) for the dictator, by the senate or by the order of the people, 
Liv. vii. 12. 24. 28. 

The magister equitum might be deprived of his command by the 
dictator, and another nominated in his room, Liv. viii. 35. 

The people at one time made the master of horse, Minucius, 
equal in command with the dictator, Fabius Maximus, Liv. xxii. 26. 

The master of horse is supposed to have had much the same m- 
signia with the praetor, six lictors, the prcBtexta, &c. Dio, xlii. 27. 

He had the use of a horse, which the dictator had not without the 
order of the people. 

II. The DECEMVIRS. 

The laws of Rome, as of other ancient nations, were at first very 
few and simple, Tacit, Ann, iii. 26. It is thought there was for 
some time no written law, (nihil scripli juris.) Differences were 
determined (lites dirimebaniur) by the pleasure of the kings, {regum 
arbitrio,) according to the principles of natural equity, (ex cequo et 
bono,) Senec. Epist. 90. and their decisions were held as laws, £)to- 
7iys. X. 1. The kings used to publish their commands either by 
pasting them up in public on a white wall or tablet, {in album relata 
proponere in publico,) Liv. i. '32. or by a herald, lb. 44. Hence 
they were said, omnia MANU gubemare, Pompon. I. 2. § 3. D. de 
orig. jur. (i. e. potestate et irnpcrio, Tacit. Agric. 9.) 

The kings, however, in every thing of importance consulted the 
senate, and likewise the people. Hence we read of the LEGES 
CURIATiE of Romulus, and of the other kings, which were also 
called LEGUS REGIME, Liv. v. i. 

But the chief legislator was Servius Tullius, {prcBcipnus sanctor 
legum,) Tac. Ann. iii. 26. all of whose laws however w'ere abolished 
at once (uno edicto sublatce,) by Tarquinius Superbus, Dionys, iv. 43, 

After the expulsion of Tarquin, the institutions of the kings were 
observed, not as written law, but as customs, (ianquam mores majo' 
rum;) and the consuls determined most causes, as the kings had 
done, according to their pleasure. 

But justice being thus extremely uncertain, as depending on the 
will of an individual, (in unius voluntate positum ; Cic. Fam. ix. 16.) 
C Terentius Arsa, a tribune of the commons, proposed to the peo- 
ple, that a body of laws should be drawn up, to which all should be 
obliged to conform, (quo omnes uii deberent.) But this was violent- 
ly opposed by the patricians ; in whom the whole judiciary power 
was vested, and to whom the knowledge of the few laws which then 
existed was confined, Liv, iii. 9. 

At last, however, it was determined, A. U. 299, by a decree of 

18 



138 ROMAN ANTIQUITIES. 

the senate, and by the order of the people, that three ambassadors 
should be sent to Athens to copy the famous laws of Solon, and to 
examine the institutions, customs, and laws of the other states of 
Greece, Liv. iii. 31. Plin. Ep. Viii. 24. 

Upon their return, ten men (DECEMVIRI) were created from 
the patricians, with supreme power, and without the liberty of ap- 
peal, to draw up a body of laws, {legihus scribendis) all the other 
magistrates having first abdicated their office, Liv, iii. 32. & 33. 

The decemviri at first behaved v*^ith great moderation. They ad- 
ministered justice to the people, each every tenth day. The twelve 
fasces were carried before him who was to preside, and his nine 
colleagues were attended by a single officer, called ACCENSUS, 
Liv. iii. 33. 

They proposed ten tables of laws, which were ratified by the peo- 
ple at the Comitia Centuriata. In composing them they are said to 
have used the assistance of one HERMODORUS, an Ephesian 
exile, who served them as an interpreter, Cic. Tusc v. 36. Plin. 
xxxiv. 5. s. 10. 

As two other tables seemed to be wanting, decemviri were again 
created for another year to make them. But these new magistrates 
acting tyrannically, and wishing to retain their command beyond 
the legal time, were at last forced to resign, chiefly on account of 
the base passion of Appius Claudius, one of their number, for Vir- 
ginia, a virgin of plebeian rank, who was slain by her father to pre- 
vent her falling into the Decemvir's hands. The decemviri all pe- 
rished, either in prison or in banishment. 

But the laws of the twelve tables (LEGES DUODECEM TA- 
BULARUM) continued ever after to be the rule and foundation of 
public and private right, through the Roman world, (Fans universi 
publici privatique juris, Id. 34. Finis cequi juris, Tacit. Ann. iii. 
27.) They were engraved on brass, and fixed up in public, {Leges 
DECEMVIRALES, quibus tabulis duodecim est nomen, in ces inci- 
sas in publico proposuerunt, sc. consules, Liv. iii. 57.) and even in 
the time of Cicero, the noble youth who meant to apply to the stu- 
dy of jurisprudence, were obliged to get them by heart as a neces- 
sary rhyme : {tamquam carmen necessarium,) Cic. de Legg. ii. 23. 
not that they were written in verse, as some have thought ; for any 
set form of words, (verba concepta,) even in prose, was called CAR- 
MEN, Liv. i. 24. and 26. iii. 64. x. 38. or carmen compositum, 
Cic. pro Mursen. 12. 

II. TRIBUNI MILITUM CONSULARI POTESTATE. 

The cause of their institution has already been explained, (See 
p. 94.) They are so called, because those of the plebeians, who 
had been military tribunes in the army, were the most conspicuous. 
Their office and insignia were much the same with those of the 
consuls. 



PROVINCIAL MAGISTRATES. 139 



IV. INTERREX. 

Concerning the causes of creating this magistrate, &c. (See p. 
99.) 

Other EXTRAORDINARY MAGISTRATES of less Mte. 

There were several extraordinary inferior magistrates ; as, DU- 
UMVIRI perduellionis judicandi causa, Liv. 1. 26. vi. 20. Duum- 
viri navales, classis ornandce rejicitndmque causa, Id. ix. 30. xl. 18. 
26. xH. I. Duumviri ad uedem Junoni Monetoi faciwidam, Id. vii. 28. 

TRIUMVIRI coloni(2 deducendcB, Liv. iv. 11, vi. 26. viii. 16. ix. 
28. xxi. 25. xxxi. 49. xxxii. 29. Triumviri bini, qui citra et ultra 
quinquagesimum lapidemin pagis forisque et conciliabulis omnem copi- 
am ingeuuorum inspicerent, et idoneos ad arma ferenda conquirerent, 
milit es que facer ent, Id. xxv. 5. Triumviri bini ; uni sacris conquiren- 
dis donisque per signandis ; alteri refciendis cedibus sacris, Id. xxv. 7. 
Triumviri mensarii, facti ob argentl penuriam, Liv. xxiii. 21. xxiv. 
18. xxvi. 36. 

QUINQUEVIRI, agro Pomptino dividendo, Liv. vi. 21, Quin- 
queviri, ab dispensatione pecunice MENSARII appellaii, Id. vii. 21. 
Quinqueviri muris turribusque refciendis, Id. xxv. 7. minuendis pub- 
licis sumptibus, Plin. Ep. ii. 1. Pan. 62. 

DECEMVIRI agri inter veteranos milites dividcndis, Liv. xxxi. 4. 

Several of these were not properly magistrates. They were all, 
however, chosen from the most respectable men of the state. Their 
office may in general be understood from their titles. 

PROVINCIAL MAGISTRATES. 

The provinces of the Roman people were at first governed by 
prcetors, (see p. 112.) but afterwards by proconsuls and proprators, 
to whom were joined qucestors and lieutenants. 

The usual name is PROCONSUL and PROPR^TOR ; but 
sometimes it is written joro consule and pro prwtore, in two words: 
so likewise joro qumstore, Cic. Acad. 4. 4. Ver. 1. 15. & 38. 

Anciently those were called proconsuls, to whom the command 
of consul was prolonged {imperium prorogatum) after their office 
was expired ; Liv. viii. 22. & 26. ix. 42. x. 18. or who were in- 
vested with consular authority, either from a subordinate rank, as 
Marcellus, after being prsetor ; {ex prcetura,) Liv. xxiii. 30. and 
Gellius, Cic. Legg. i. 20. or from a private station, as Scipio. xxvi. 
18. xxviii. 38. This was occasioned by some public exigence, 
when the ordinary magistrates were not sufficient. The same was 
the case with proprcetors, Cic. Phil. v. 16. Suet. Aug. 10. Sail. 
Cat. 19. The first proconsul mentioned by Livy, was T. Quinc- 
tius, A. U. 290. Liv. iii. 4. But he seems to have been appointed 
for the time. The first to whom the consular power was prolonged, 
was Publilius, Liv. viii. 23. iSz; 26. f. The name of Propraetor was 



140^ ROMAN ANTIQUITIES, 

al80 given to a person whom a general left to command the armf 
in his absence, Sallust. Jug, 36. 103. 

The names of consul and proconsul, proctor and propratoVf are 
sometimes confounded, Suet. Aug. 3. And we find all governors of 
provinces called by the general name oi proconsuhs, as of pros sides ^ 
ibid. 36. 

The command of consul was prolonged, and proconsuls occa- 
sionally appointed by the Cornitia Trihuta, Liv. x. 24. xxix. 13. xxx» 
27. except in the case of Scipio, who was sent as proconsul into 
Spain by the Comiiia Ccnturiaia, xxvi. 18. 

But after the empire was extended, and various countries re- 
duced to the form of provinces, magistrates were regularly sent 
from Rome to govern them, according to the Sempronian law, (see 
p. 104.) without any new appointment by the people. Only mili- 
tary command was conferred on them by the Cornitia Curiata, 
(See p. 75.) 

At first the provinces were annual, ?". e. a proconsul had the go- 
vernment of a province only for one year ; and the same person 
could not command different provinces. But this was violated in 
several instances ; especially in the case of Julius Caesar, Suet. JuL 
22. & 24. Cic. Fam. i. 7. (See p. 37. 104.) And it is remarkable that 
the timid compliance of Cicero with the ambitious views of Caesar, 
in granting him the continuation of his command, and money for 
the payment of his troops, with other immoderate and unconstitu- 
tional concessions, de Pro-vine. Consul t^ pro Balbo. 27. although he 
secreily condemned them, Fam. i. 7. Attic, ii. 17. x. 6. proved fatal 
to himself as well as to the republic. 

The praetors cast lots for their provinces, (provincias sortiehan- 
tur,) or settled them by agreement (inter se comparabant,) in the 
same manner with the consuls ; Liv. xxvii. 36. xxxiv. 54. xlv. 16. ir 
17. But sometimes provinces were determined to both by the se- 
nate or people. Id. xxxv. 20. xxxvii. 1. 

The senate fixed the extent and limits of the provinces, the num- 
ber of soldiers to be maintained in them, and money to pay them ; 
likewise the retinue of the governors, (COMITATUS vel cohors,) 
and their travelling charges, (VIATICUM.) And thus the gover- 
nors were said, ORNARI, i. e. instrui, to be furnished, Cic. in 
RulL ii. 13. What was assigined them for the sake of household 
furniture, was called VASARIUM, Cic. in Pis. 35. So vasa, fur- 
niture, Liv. i. 24. 

A certain number of lieutenants was assigned to each proconsul 
and propraetor, who were appointed usually by the senate ; Cic, 
Fam. i. 7. or with the permission of the senate by the proconsul 
himself; Jd. xii. 55. J^ep. Attic. 6. who was then said, aliquem 
i-ibi legare, Id. vi. 6. or very rarely by an order of the people. 
Cic in Vatin. 15, The number of lieutenants was diflferent accord- 
ing to the rank of the governor, or the extent of the province, Cic. 
Phil. ii. 15. Thus, Cicero in Cilicia had four, Csesar in Gaul ten, 



PROVINCIAL MAGISTRATES, lil 

and Pompey in Asia fifteen. The least number seems to have been 
three. Quintus, the brother of Cicero, had no more in Asia Minor, 
Cic.adQ.fr, i. I. 3. 

The office of a legatus was very honourable ; and men of praeto- 
rian and consular dignity did not think it below them to bear it : 
Thus Scipio Africanus served as legatus under his brother Lucius, 
Liv, xxxvii. L &c. Gell. iv. 18. 

The Legaii were sometimes attended by lictors, Liv. xxix. 9. as 
the senators were, when absent from Rome, jure libera legationisy 
(see p. 29.) but the person, under whom they served, might de- 
prive them of that privilege, Cic. Fam. xii. 30. 

In the retinue of a proconsul were comprehended his military of- 
ficers, {Praftcti,) and all his public and domestic attendants, Cic. 
Verr. ii. 10. Among these were young noblemen, who went with 
him to learn the art of war, and to see the method of conducting 
public business ; who, on account of their intimacy, were called 
CONTUBERNALES, Cic. pro C(bI. 30. pro Plane. 11. From this 
retinue, under the republic, women were excluded, but not so un- 
der the emperors, Tacit. Ann. iii. 33. & 34. Suet. Octav. 34. 

A proconsul set out for his province with great pomp. Having 
offered up vows in the capitol, (votis in capitolio nuncupatis,) dress- 
ed in his military robe, {paludatas,) with twelve lictors going be- 
fore him, carrying the fasces and secures, and with the other en- 
signs of command, he went out of the city with all his retinue. From 
thence he went either straightway to the province, or if he was de- 
tained by business, by the interposition of the tribunes, or by bad 
omens, Plutarch in Crasso ; Cic. Divin. i. 16. ii. 9. Flor. iii. 11. Die. 
xxxvii. 50. he staid for some time without the city, for he could 
not enter it while invested with military command. His friends, 
and sometimes the other citizens, out of respect accompanied him, 
{officii causa, prosequebantur,) for some space out of the city with 
their good wishes, Liv. xlii. 49. xlv. 59. When he reached the 
province, he sent notice of his arrival to his predecessor, that by an 
interview with him, he might know the state of the province ; for 
his command commenced on the day of his arrival ; and by the 
CORNELIAN law, the former proconsul was obliged to depart 
within thirty days after, Cic. Fam. iii. 6. 

A proconsul in his province had both judicial authority and mili- 
tary command, (polestatem vel juris dictionem et imperium.) He 
used so to divide the year, that he usually devoted summer to mili- 
tary affairs, Bel. 1. or going through the province ; and the winter 
to the administration of justice, Cic. Att. v. 14. Verr. 5. 12. He 
administered justice much in the same way with the praetor at Rome, 
according to the laws, which had been prescribed to the province 
when first subdued, or according to the regulations which had after- 
wards been made concerning it by the senate or people at Rome ; 
or finally according to his own edicts, which he published in the 
province concerning everj' thing of importance, Cic, Alt. vi. L 



142 ROMAN ANTIQUITIES. 

These, if he borrowed them from others, were called TRANSLA^ 
TITTA vel Tralatitia, v. -icia ; if not, NOVA. He always pubhsh- 
ed a general edict before he entered on his go-^ernment, as the prse- 
tordid at Rome. 

The proconsul held assizes or courts of Justice, {forum vel co7i' 
venhis agebat,) in the principal cities of the province, so that he 
might go round the whole province in a year. He himself judged 
in all public and important causes ; but matters of less consequence 
he referred to his quscstor or lieutenants, Cic. Flac. 21. in Ccecil. 
17. Ver7\ ii. 18. Suel. Jul. 7. and also to others, Cic. Alt. v. 21. ad 
Q.fratr. i. 1. 7. 

The proconsul summoned these meetings, (convenins indicebat,) 
by an edict on a certain day, when such as had causes to be deter- 
mined should attend, Liv. xxxi. 29. To this, Virgil is thought to 
aUude, Mn. v. 758. Jndicitfjue forum, &;c. 

The provinces were divided into so many districts, called CON- 
VENTUS, or circuits, (vojioj, Plin. Ep. x. 5.) the inhabitants of 
which went to a certain city to get their causes determined, and to 
obtain justice, {disceptandi d juris obtinendi causa conveniebafit.) 
Thus Spain w^as divided into seven circuits, (in septem convenius,) 
Plin. iii. 3. The Greeks called convenius agere, oiyo^oA^g dysiv, so. 
^^s^ag. So in Act. Apost. xix. 38. ayomm djovrai, &c. convenius 
aguntur sunt proconsules ; in jus vocent se invicem. Hence conven- 
ius circumire. Suet. Jul. 7. percurrere, Cses. viii, 46. for urbes ar- 
cumire, ubi hi coriventus agebaniur. 

The proconsul chose usually twenty of the r£»ost respectable men 
of the province, who sat with him in council, (qui ei in consilio ade- 
rant, assidebani,) and were called his council, CONSILIUM, Con- 
siliarii, ASSESSORES, et Recuperatores. Hence Consilium coge- 
re, in consilium advocare, adhibere ; in consilio esse, adesse, assidere, 
habere ; in consilium ire, mitiere,, dimitterc, &lc. The proconsul 
passed sentence according to the opinion of his council, {de consilii 
sententia decrevit, pronunciavit,) &c. 

As the governors of provinces were prohibited from using any 
other language than the Latin, in the functions of their office, VaL 
Max. ii. 2. 2. they were always attended by interpreters, Cic. Verr. 
iii. 37. Fam. xiii. 54. The judices were chosen differently in dif- 
ferent places, according to the rank of the litigants, and the nature 
of the cause, Cic. Verr. ii. 13. 15, 17. 

The proconsul had the disposal (curaiio) of the corn, of the tax- 
es ; and, in short, of every thing which pertained to the province. 
Corn given to the proconsul by v^'ay of present, was called HONA- 
RIUM, Cic. in Pis. 35. 

If a proconsul behaved weli, he received the highest honours, Cic. 
Att. V. 21. as, statues, temples, brazen horses, <fcc. which through 
flattery used indeed to be erected of course to all governors, though 
ever so corrupt and oppressive. 

Festival days used also to be appointed ; as in honour of Marcel- 



PROVINCIAL MAGISTRATES. 143 

ius (Marcellea, 'orum,) in Sicily, and of Q, Mucius Scsevola (Mu- 
cea) in Asia, Cic. Verr. ii. 21. 10. 13. 

If a governor did not behave well, he might afterwards be brought 
to his trial ; 1. for extortion, (REPETUNDARUM,) if he had made 
unjust exactions, or had even received presents, Plin. Ep. iv. 9. — 
2. for peculation, (^ECULATUS,) if he had embezzled the public 
money; hence called peculator, or depeculator, Ascon. in Cic, 
Verr. Act. i. 1. — and, 3. for what was called crimen MA JEST A- 
TIS, if he had betra^/ed his army or province to the enemy, or led 
the army out of the province ; and made war on any prince or state 
without the order of the people, or the decree of the senate. 

Various laws were made to secure the just administration of the 
provinces, but these were insufficient to check the rapacity of the 
Roman magistrates. Hence the provinces were miserably oppress- 
ed by their exactions. Not only the avarice of the governor was to 
be gratified, but that of all his officers and dependents ; as, his lieu- 
tenants, tribunes, prsefects, &c. and even of his freedmen and fa- 
vourite slaves, Juvenal, viii. 87.^ — 130. 

The pretexts for exacting money were various. The towns and 
villages, through which the governors passed, were obliged by the 
JULIAN law, to supply them and their retinue with forage and 
wood for firing, Cic. Att. v. 16. The wealthier cities paid large 
contributions, for being exempted from furnishing winter-quarters 
to the army. Thus the inhabitants of Cyprus alone paid yearly on 
this account 200 talents, or about 40,000/. sterling, Cic. Att. v. 21. 

Anciently a proconsul, when he had gained a victory, used to have 
golden crowns sent him, not only from the different cities of his own 
province, but also from the neighbouring states, Liv. xxxviii. 37. 14. 
which were carried before him in his triumph. Id. xxxvii. 58. xxxix. 
5. 7. 29. xl. 43. Dio. xlii. 49. Afterwards the cities of the province, 
instead of sending crowns, paid ?jioney on this account, which was 
called AUPvUM CORONARIUM, and was sometimes exacted as 
a tribute, Cic. in Pis. 37. 

A proconsul, when the annual term of his government was elapsed 
delivered up the province and army to his successor, if he arrived in 
time, and left the province within thirty days ; but first he was 
obliged to deposite in two of the principal cities of his jurisdiction, 
an account of the moiiey which had passed through his own or his 
officers' hands, stated and balanced, {apud duas civitates, quce max- 
imcB viderentur, rationes confectas et consolidatas depondere,) Cic. 
Fam. v. 20. If his successor did not arrive, he nevertheless depart- 
ed, leaving his lieutenant, or more frequently his qucestor, to com- 
mand in the province, Cic. Fam. ii. 15. Ait. vi. 5. 6. 

When a proconsul returned to Rome, he entered the city as a pri- 
vate person, unless he claimed a triumph ; in which case he did not 
enter the city, but gave an account of his exploits to the senate as- 
sembled in the temple of Bellona, or in some other temple without 
the oil v. Liv. iii. 63. xxxviii. 45. Dio. xlix. 15. In the meantime 



144 ROMAN ANTIQUITIES. 

he usually waited near the city till the matter was determined, 
whence he was said ad urbem esse, Sail. Cat. 30. and retained the title 
of IMPERATOR, which his soldiers had given him upon his victo- 
ry, with the badges of command, his lictors, and fasces, &c. Appian 
says that in his time no one was called imperator, unless 10,000 of 
the enemy had been slain, De Bell, Civ. ii. p. 455. When any one 
had pretensions to a triumph, his fasces were always wreathed with 
laurel, Cic. Fam. ii. 16. Att. x. 10. as the letters were, which he 
sent to the senate concerning his victory, Cic. in Pis. 17. Some- 
times when the determination was long delayed, he retired to some 
distance from Rome, Cic. Att. vii. 15. 

If he obtained a triumph, a bill was proposed to the people, that 
he should have military command {ut ei imperium esset) on the day 
of his triumph, Liv. xlv. 35. Cic. Att. iv. 16. for without this no one 
could have military command within the city. 

Then he was obliged by the JULIAN law, within thirty days to give 
in to the treasury an exact copy of the accounts which he had left 
m the province, (easdem rationes totidem verbis referre ad mrarium,) 
Cic. Att. V. 20. At the same time he recommended those who de- 
served public rewards for their services, {in benefciis, ad cerarium 
detulit,) Cic. ibid, et pro Arch. 5. 

What has been said concerning a proconsul, took place with re- 
spect to a propraetor ; unless that a proconsul had twelve lictors, 
and a proprastor only six. The army and retinue of the one were 
likewise commonly greater than that of the other. The provinces, 
to which proconsuls were sent, were called Phoconsulares ; pro- 
prietors, Pr^tori^, Dio. liii. 14. 

PROVINCIAL MAGISTRATES under the EMPERORS, 

Augustus made a new partition of the provinces. Those which 
were peaceable and less exposed to an enemy, he left to the ma- 
nagement of the senate and people ; but of such as were more 
strong, and open to hostile invasions, and where, of course, it was 
necessary to support greater armies, he undertook the government 
himself, {regendas ipse siiscepit,) Suet. Aug. 47. This he did under 
pretext of easing the senate and people of the trouble, but in reality 
to increase his own power, by assuming the command of the arn^ 
entirely to himself. 

The provinces under the direction of the senate and people, 
(PROVINCItE SENATORIiE et POPULARES vel Publiccs,) at 
first were Africa propria, or the territories of Carthage, Mimidia^ 
Cyrene ; Asia, (which, when put for a province, comprehended on- 
ly the countries along the Propontis and the JEgean Sea, namely, 
Phrygia, Mysia, Caria, Lydia, Cic. pro Flacc. 27.) Bithynia and 
Pontus, Grcecia and Epirus, Dalmatia, Macedonia, Sicilia, Sardinia, 
Crela, and Hispania Batica, Dio. liii. 12. 

The provinces of the emperor (PROVINCI^E IMFERATORIJi;, 
vel Casarum,) were Hispania 7arra<:onensis and Lusitanictf Gallia, 



PROVINCIAL MAGiSTRATES, 145 

Cmlosyria, Phcsnicia, Cilicia^ Cyprus, Egi/pius, to which others were 
afterwards added. But the condition of these provinces were often 
changed ; so that they were transferred from the senate and people 
to the eiriperoi', and the contrary, Dio. liii. 12. Uv. 4. 3. Strabo, 
xvii. fin. The provinces of the emperor seem to have been in a 
better state than those of the senPite and people, Tacit. Annal. i. 76. 

The magistrates sent to govern the provinces of the senate and 
people were called PROCONSULE8, although sometimes only of 
praetorian rank, Dio. liii. 13. The senate appointed them by lot, 
(sortitb mittebant,) out of those who had borne a magistracy in the 
city at least five years before. Suet. Aug. 36. Fesp. 4. Plin. Ep, ii. 
13. Dio, liii. 14. They had the same badges of authority as the 
proconsuls had formerly ; but they had only a civil power, {potestas 
vel jurisdiclio,) and no military command (imperium,) nor disposal 
of the taxes. The taxes were collected, and the soldiers in their 
provinces commanded by officers appointed by Augustus. Their 
authority lasted only for one year, and they left the province imme* 
diately when a successor was sent, Dio, ibid. 

Those whom the emperor sent to command his provinces were 
called LEGATI CiESARIS jyro Consule, ProprcBlores^ve] pro prcB* 
tore, Dio. liii. 13. Consulares Legaii, Suet. Tib. 41. Consulares 
Rectores, Suet. Vesp. 8. or simply, Consulares, Suet. .Tib. 32. Ta- 
cit. Hist. ii. 97. and Legati, Suet. Vesp. 4. also Presides, PrcBfectt, 
Correcfores, &;c. i 

The governor of Egypt was usually called PRiEFECTUS, SueL 
Vef-p, 6. or, Prcefeclus Augustalis, Digest, and was the first impera= 
torial legate that was appointed. 

There was said to be an ancient prediction concerning iEgypt, 
that it would recover its liberty when the Roman fasces and prcB' 
texta should come to it, Cic. Fam. i. 7. Trebell. Poll, in .^milian, 
Augustus artfully converting this to his own purpose, claimed that 
province to himself, and discharging a senator from going to it with- 
out permission, Dio. li. 17. he sent thither a governor of equestrian 
rank, without the usual ensigns of authority. Tacit, Ann. ii. 59. Suet. 
Tib. 52. To him was joined a person to assist in administering jus- 
tice, called JuRiDicus Alexandrin^e civitatis, Pandect, (q (5<xajo5oT)7^, 
Strabo, xvii. p. 797.) 

The first praefect of iEgypt was Cornelius Gallus, celebrated by 
Virgil in his last eclogue, and by Ovid, Amor. i. 15. 29. (Hunc pri- 
mum JEgyplus Romanum judicem kabuit, Eutrop. vii. 7.) Suet. Augn 
66. Dio, li. 17. 

The legates of the emperor were chosen from the senators, but 
the praefect of ^gypt only from, the Erjuites, Tacit, xii. 60. Dio. liii. 
13. Tiberius gave that charge to one of his freedmen, Dio, Iviii. 
19, The legati C(Bsaris wore a military dress and a sword, and 
were attended by soldiers instead of lictcrs. They had much greater 
powers than the proconsuls, and continued in command during the 
pleasure of the emperor, Dio. liii. 13, 

19 



146 ROMAN ANTIQUITIES. 

In each province, besides the governor, there was an officer call- 
ed PROCURATOR CiESARIS, Tacit. Agrk, 15. or curator, and 
in later times, rationalis, who managed the affairs of the revenue, 
(qui res Jisci curabat ; publicos reditus colligebat et erogabat,) and 
also had a judicial power in matters that concerned the revenue, 
Suet. Claud. 12. whence that office was called, procuratio amplissi- 
may Suet. Galb. 15. These Procurators were chosen from the 
Eguites, and sometimes from freed men, Dio. lii. 25. They were 
sent not only into the provinces of the emperor, but also into those 
of the senate and people, Dio. liii. 15. 

Sometimes a Procurator discharged the office of a governor, (vice 
prasidis fungebatur,) especially in a small province, or in a part of 
a large province, where the governor could not be present ; as Pon- 
tius Pilate did, who was procurator or prcepositus, (Suet. Vesp. 4.) 
of Judia, which was annexed to the province of Syria, Tacit. Jin- 
nal. xii. 23. Hence he had the power of punishing capitally, ibid. 
XV. 44. which the procurator es did not usually possess, ib. iv. 15. 

To all these magistrates and officers Augustus appointed different 
salaries, according to their respective dignity, Dio. liii. 15. Those 
who received 200 sestertice were called ducenarii ; 100, centena- 
Rii ; 60, sEXAGENARii, <^c. CapitoUn. in Pertinac. c. 2. A certain 
sum was given them for mules and tents ; which used formerly to 
be afforded at the public expense, Suet. Aug. 36. 

All these alterations and arrangements were made in appearance 
by public authority, but in fact by the will of Augustus. 

RE'ESTABLISHMENT of MONARCHY under AUGUSTUS : 
TITLES, BADGES, and POWERS of the EMPERORS. 

The monarchical form of government established by Augustus, 
although different in name and external appearance, in several re- 
spects resembled that which had prevailed under the kings. Both 
were partly hei^ditary, and partly elective. The choice of the 
kings depended on the senate and people at large ; that of the em- 
perors, chiefly on the army. When the former abused their pow- 
er, they were expelled ; the latter w^ere often put to death : but the 
interests of the army being separate from those of the state, occa- 
sioned the continuation of despotism. According to Pomponius, de 
origine juris, D. i. 2. 14. Reges omnem potestatem habuisse, 
their rights were the same. But the account of Dionyius and 
others is different. (See p. 99.) 

As Augustus had become master of the republic by force of arms, 
he might have founded his right to govern it on that basis, as his 
grand uncle and father by adoption, Julius Csesar, had done. But 
the apprehension he always entertained of Csesar's fate made him 
pursue a quite different course. The dreadful destruction of the 
civil wars, and the savage cruelty of the Triumviri, had cut off all 
the keenest supporters of liberty, Tacit. Ann. i. 2. and had so hum- 



RE-ESTABLISHMENT OF MONARCHY, &c. 147 

bled the spirit of the Romans, that they were wilHng to submit to 
any form of government, rather than hazard a repetition of former 

calamities, {tulaet prcesentia quam vetera et periculosa malebant^ihid.) 
The empire was now so widely extended, the number of those who 
had a right to vote in the legislative assemblies so great, (the Ro- 
mans having never employed the modern method of diminishing that 
number by representation,) and the morals of the people so corrupt, 
that a republican form of government was no longer fitted to conduct 
so unwieldy a machine. The vast intermixture of inhabitants 
which composed the capital, and the numerous armies requisite to 
keep the provinces in subjection, could no longer be controlled but 
by the power of one. Had Augustus possessed the magnanimity 
and wisdom to lay himself and his successors under proper restraints 
against the abuse of power, his descendants might have long enjoyed 
that exalted station to which his wonderful good fortune, and the 
abilities of others, had raised him. Had he, agreeably to his re- 
peated declarations, wished for command only to promote the hap- 
piness of his fellow-citizens, he would have aimed at no more power 
than was necessary for that purpose. But the lust of dominion, al- 
though artfully disguised, appears to have been the ruling passion of 
his mind, {specie reciisaniis jiagrantissime cupiverat,) Tacit. Ann. 
i. 2. 3. 10. 

Upon his return to Rome after the conquest of Egypt, and the 
death of Antony and Cleopatra, A. U, 725, he is said to have seri- 
ously deliberated with his two chief favourites, Agrippa and Maece- 
nas, about resigning his power, and restoring the ancient form of go- 
vernment. Agrippa advised him to do so, but Maecenas dissuaded him 
from it. In the speeches which Dio Cassius makes them deliver on this 
occasion, the principal arguments for and against a popular and mo- 
narchical government, are introduced, lii. The advice of Maecenas 
prevailed, ib, 41. Augustus, however, in the following year, having 
corrected the abuses which had crept in during the civil wars, Suet, 
^ug. 32. and having done several other popular acts, assembled the 
senate, and in a set speech pretended to restore every thing to them 
and to the people. But several members, who had been previously 
prepared, exclaimed against this proposal ; and the rest, either 
prompted by opinion, or overawed by fear, ail with one voice conjur- 
ed him to retain the command. Upon which, as if unequal to the 
load, he appeared to yield a reluctant compliance ; and that only 
for ten years ; during which time, he might regulate the state of 
public affairs, [rempMicam ordinaret ;) thus seeming to rule, as if 
by constraint, at the earnest desire of his fellow-citizens ; which 
gave his usurpation the sanction of law. 

This farce he repeated at the end of every ten years, DioXm. 46. but 
the second time, A. U. 736, he accepted the government only for five 
years, saying that this space of time was then sufficient. Id. liv. 12. 
and when it wag elapsed, for five years more, Id. liii. 16. but after 
that, always for ten years, Id. Iv. 6, He died in the first year of the 



148 ROMAN ANTIQUlTtE?^. 

fifth decennium, the 19th of September, (xiv. KaL Sept.) A. tJ. 787^ 
aged near 76 years ; having ruled alone near 44 years. The suc- 
ceeding emperors, although at their accession they received the em- 
pire for life, yet at the beginning of every ten years, used to hold a 
festival, as if to commemorate the renevi^al of the empire, Dio, liii. 
10. 

As the senate by their misconduct, (see p. 125,) had occasioned 
the loss of liberty, so by their servility to Augustus, they established 
tyranny, [Ruere in se^r-uiiulem consular, palres, cqiics^ as Tacitus says 
upon the accession of Tiberius, Annal. i. 7.) Upon his feigned offer 
to resign the empire, they seem to have racked their invention 
to contrive new honours for him. To the names of IMPERATOR, 
Dio. xliii. 44. CiESAJl, hi xlvi. 47. and PRINCE, (Frinceps Se- 
natus) liii. 1. which they had formerly conferred, they added those 
of AUGUSTUS, {vencrandus v. -ahilis, ah a7/gM\ quasi inauguratus 
vel consecratus ; ideoque Diis earns ; culiudivino ajfficiendus, GsjSaiog ; 
Pausan. ii'u 11. vel ab fl?^,^^^ ; quam sua Jupiter avget ope, Ovid. 
JRast. i. 612. Suet, Aug. 7.) Dio. liii. 16. and Father of his country^ 
(Pater Patriae,) Suet. bS, Ovid. Fast. ii. 127. Pont. iv. 9. ulL 
Trist, iv. 4. 13. <fec. This title had been first given to Cicero by 
the senate, after his suppression of Catiline's conspiracy ; Roma 

PATREM PATRIAE CiCEROMJsM LIBERA DIXIT, JliVenul. viii. 244. PUri. 

vii. 30. by the advice of Calo, Appian. B. civ. ii. 431. Pint, in Cic. 
or of Catulus, as Cicero himself says, Pis. 3. It was next decreed 
to Julius Caesar, Suet. 76. Dio. xliv. 4. and some of his coins are 
Bttn extant with that inscription. Cicero proposed that it should be 
given to Augustas, when yet very young, Phil. xiii. 11. It was re- 
lused by Tiberius, Suet. 67. as also the title of Isiperator, Id. 26. 
and DoMiNus, 37. Dio. Iviii. 2. but most of the succeeding emperors 
accepted it. Tacit. Ann. xi» 25. 

The title of PATER PATRLE denoted chiefly the paternal af- 
fection which it became the emperors to entertain towards their 
subjects ; and also that powder, w^hich, by the Roman law, a father 
had over his children, Dio. liii. 18. Senec. Clem. i. 14. 

C^SAR was properly a family title, Dio. ibid. Suet. Galb. L 
According to Dio, it altfb denoted power, xliii. 44. In later times, 
it signified the person destined to succeed to the empire, or assumed 
into a share of the government, during the life of the emperor, who 
himself was always called Augustus, Spartian. in JElio Vera, 2. 
which was a title of splendour and dignity, but not of power, Dio, 
liii. 18. 

Augustus is said to have first desired the name of Romulus, that 
he might be considered as a second founder of the city ; but per- 
ceiving that thus he should be suspected of aiming at sovereignty, 
be dropt all thoughts of it, Dio. liii. IQ. and accepted the title of 
Augustus, the proposer of which in the senate was Munatius Plan- 
cus, Suet. Aug. 7. Veil. ii. 91. JServius says, that Virgil, in allusion 
to this desire of Augustus, describes him under the n.^me of Qumi- 
NUf, JEn. i. 296. G. iii. 27. 



RE-ESTABLlSHMExVT OF MONARCHY, <fec. 149 

The chief title, which denoted command was IMPERATOR, 
jbio. xliii. 44. By this the successors of Augustus were peculiarly 
distinguished. It was equivalent to Rex, Dio, liii. 17. In modern 
times it is reckoned superior. 

The title of Imperator, however, continued to be conferred on 
victorious generals as formerly ; but chiefly on the emperors them- 
selves, as all generals were supposed to act under their auspices, 
Horat. Od. iv. 14. 32. OvicL Trist. is. 173. Under the republic 
the appellation of Imperator was put after tlie name; as CICERO 
IMPERATOR, Cic. Ep. passim, but the titles of the emperors usu- 
ally before, as a prcenomen, Suet. Tib. 26. Thus the following 
words are inscribed on an ancient stone, found at Ancyra, now An* 
gouri, (in lapide Ancyrano,) in Asia Minor; Imp. Caesar. Divi. F- 
Aug. Pont. Max. Cos. XIV. Imp. XX. Tribuxic. Potest. 
XXXVIII. The Emperor CcEsar, the adopted son of (Julius Caesar, 
called) Divus, (after his deification ;) Augustus the high-priest, (an 
office which he assumed after the death of Lepidus, A. U. 741. Die. 
liv. 27.) fourteen times Consul, twenty times (saluted) Imperator (on 
account of his victories). Dio says, he obtained this honour in all 
21 times, lii. 41. Thus Tacitus, Nomen imperatoris semel atgue 
via'ei partum, (Ann. i. 9.) in the 38th year of his trihwdtian powery 
(from the time when he was first invested with it by the senate. A* 
IJ. 724, Dio. li. 19.) So that this inscription was made above five 
years before his death. 

The night after Ccesar was called Augustus, the Tiber happen- 
ed to overflow its banks, so as to render all the level parts of Rome 
navigable, Dio. liii. 20. Tacit. Annal. i. 76. to which Horace is sup- 
posed to allude, Od. i. 2. This event was thought to prognosticate 
his future greatness. Among the various expressions of flattery 
then used to the emperor, that of Pacuvius, a tribune of the com- 
mons, was remarkable ; who in the senate devoted himself to Cae- 
sar after the manner of the Spaniards, Val. Max. ii. 6. II. and Gauls 
(Devotos illi soLDURius appellant, Csbs. Bell. Gall. iii. 22.) and 
exhorted the rest of the senators to do the same. Being checked 
by Augustus, he rushed forth to the people, and compelled many to 
follow his example. Whence it became a custom for the senators 
when they congratulated any emperor, on his accession to the em- 
pire, to say, that they were^devoted to his service, Dio. ibid. 

Macrobius informs us, that it was by means of this tribune, (Pa* 
cuvio irihuno plebem ro^ante,) that an order of the people {plebisci" 
turn) was made, appointing the month Sextilis to be called August, 
Sat. i. 12. 

The titles given to Justinian in the Corpus Juris, are, in the In- 
stitutes, Sacratissimus Princeps, and Imperatoria Majestas ; 
in the Pandects, Dominus noster sacratissimus princeps ; and 
the same in the Codex, with this addition, Perpetuus Augustus. 
These titles are still retained by the Emperor of Germany. 



150 ROMAN ANTIQUITIES. 

The powers conferred on Augustus as emperor were, to levy ar- 
mies, to raise money, to undertake wars, to make peace, to com- 
mand all the forces of the republic, to have the power of life and 
death within, as well as without the city ; and to do every thing else 
which the consuls and others invested with supreme command had 
aright to do, Dio. liii. 17. 

In the year of the city 731, the senate decreed that Augustus 
should be always proconsul, even within the city ; and in the pro- 
vinces should enjoy greater autfiority than the ordinary proconsuls, 
Dio. liii. 32. Accordingly, he imposed taxes on the provinces, re- 
warded and punished them as they had favoured or oppressed his 
cause, and prescribed such regulations to them as he himself thought 
proper, Dio. liv. 7. 9. & 25. 

In the year 735, it was decreed, that he should always enjoy con- 
sular power, with 12 lictors, and sit on a curule chair between the 
consuls. The senators at the same time requested that he would 
undertake the rectifying of all abuses, and enact what laws he thought 
proper : offering to swear, that they would observe them, whatever 
they should be. This Augustus declined, w^ell knowing, says Dio, 
that they would perform what they cordially decreed without an 
oath ; but not the contrary, although they bound themselves by a 
thousand oaths, Dio. liv. 10. 

The multiplying of oaths always renders them less sacred, and no- 
thing is more pernicious to morals, than the too frequent exaction of 
oaths by public authority, without a necessary cause. Livy informs 
us, that the sanctity of an oath, {fides tl jusjurandum) had more in- 
fluence with the ancient Romans, than the fear of laws and punish- 
ments, (proximo legum et pee n arum, metu,) Liv. i. 21. ii. 45. They 
did not, he says, as in after times, when a neglect of religion pre- 
vailed, by interpretations adapt an oath and the laws to themselves, 
but conformed eVery one his own conduct to them, Liv. iii. 20. ii, 
32. xxii. 61. Cic. Off. iii. 30. & 31. 8ee also, Polyh. vi. 54. & 56. 

Although few of the emperors accepted the title of Censor, (see 
p. 119,) yet all of them in part exercised the rights of that office, 
as also those of Pontifex Maximus, and tribune of the Commons, 
Dio. liii. 17. See p. 126. 

The emperors were freed from the obligation of the laws, (legi- 
hus soluti,) so that they might do vi/hat they pleased, Dio. liii. 18. & 
28. Some, however, understand this only of certain laws : for Au- 
gustus afterw^ards requested of the senate, that he might be freed 
from the Voconian law% Dio. Ivi. 32. but a person was said to be 
(legibus sohitus,) who was freed only from one law, Cic. Phil. ii. 13. 

On the first of January, every year, the senate and people renew- 
ed their oath of allegiance. Tacit. Aim. xvi. 22. or, as it was ex- 
pressed, confirmed the acts of the emperors by an oath ; which cus- 
tom was first introduced by the Triumviri, after the death of Caesar,^ 
Dio. xlvii. 18. repeated to Augustus, Id. Ii. 20. liii. 28. and al-* 
ways continued under the succeeding emperors. They not only 



RE-ESTABLISHMENT OF MONARCHY, &c. 151 

swore that they approved of what the emperors had done, but that 
they would in hke manner confirm whatever they should do, Id, 
Ivii. 8. Iviii. 17. In this oath the acts of the preceding emperors 
who were approved of, were included ; and the acts of such as 
were not approved of, were omitted, as of Tiberius, Id. lix. 9. of 
Caligula, Ix, 4. &c. Claudius would not allow any one to swear to 
his acts, {in acta sua jurare ;) but not only ordered others to swear 
to the acts of Augustus, but swore to them also himself. Id. Ix. 10. 

It was usual to swear by the genius, the fortune, or safety of the 
emperor ; which was first decreed in honour of Julius Caesar, Dio. 
xliv. 6. and commonly observed, Id. 50. so likewise by that of Au- 
gustus, even after his death. Id. Ivii. 9. To violate this oath was 
esteemed a heinous crime, Ibid, i^ Tacit, jinn. i. 73. Codex, iv. 

I. 2. ii. 4. 41. Dig. xii. 2. 13. and more severely punished than 
real perjury, Tertull. Apol. 18. It was reckoned a species of 
treason, (majestalis,) and punished by the bastinado, D. xii. 2. 
13. sometimes by cutting out the tongue, Gothofred in loc. So that 
Minutius Felix justly says, c. 29. Est iis, (sc. Ethnicii,) tutius per 
Jovis genium pegerarc quam regis. Tiberius prohibited any one 
from swearing by him, Dio. Ivii. 8. Iviii. 12. but yet men swore, 
not only by his fortune, but also by that of Sejanus, Id. Iviii. 2. 6. 
After the death of the latter, it was decreed that no oath should be 
made by any other but the emperor, Ibid. 12. Caligula ordained 
that to all oaths these words should be added; Neque me, neque 

MEOS LIBEKOS CHARIORES HABEO, QUAM CaIUM ET SORORES EJUS. 

Suet, L5. Dio. lix. 3. 9. and that the women should swear by his 
wife Drusilla, ibid. 11, as he himself did, in his most pubhc and so- 
lemn asseverations, Smt. 24. So Claudius, by Livia, Dio. Ix. 5. 
Suet. Claud. 11. 

In imitation of the temple and divine honours appointed by the 
Triumviri to Julius Caesar, Dio. xlvii. 18. and confirmed by Au- 
gustus, Id. li. 20. altars were privately erected to Augustus him- 
self, at Rome, Virg. Eel. i. 7. HoraL Ep. ii. 1. 16. Ovid. Fast. i. 
13. and particularly in the provinces, but he permitted no temple to 
be publicly consecrated to him, unless in conjunction with the city, 
Rome ; Augustu et Urbi Romje ; and that only in the provinces, 
Tacit. Ann. iv. 37. for in the city they were strictly prohibited. 
Suet. 52. After his death they were very frequent, Tacit. Ann. i. 

II. 73. Dio. Ivi. 46. 

It was likewise decreed in honour of Augustus, that, when the 
priests offered up vows for the safety of the people and senate, they 
should do the same for him, Dio. li. 19. so for the succeeding em- 
perors ; Tacit. Ann. iv. 17. particularly at the beginning of the 
year. Id. xvi. 22. on the 3d of January : Dio. lix. 24. — also, that 
in all public and private entertainments, libations should be made 
to him with wishes for his safety, Dio. li. 19. Ovid. Fast. '\\. 637. 
Pont. ii. 3. idt, as to the Lares and other gods, Horat. Od. iv. 
5. 33. 



152 ROMAN ANTIQUITIES. 

On public occasions the emperors wore a crown and a triumphal 
robe, Dio, li. 20. Tacit. JInnaL xiii. 8. They also used a particular 
badge, of having fire carried before ihem, Herodian. i. 8. 8. i. 16. 9. 
ii. 5. Marcus Antoninus calls it a lamp, i. 17. probably borrowed 
from the Persians, Xenoph. Cyrop. viii. m. p. 215. Ammian. xxiii. 6, 
Something similar seems to have been used by the magistrates of 
the municipal towns ; pnmcz baiillus, v. -urn, a pan of burning coals, 
or a portable hearth, {focus porlabilis,) in which incense was burnt; 
a perfumed stove, Horot. Sat. i. 5. 36. 

Dioclesian introduced the custom of kneeling to the emperors, 
{adorari se jussit, cum ante eum cnncti sahdarentur, Eutrop. ix. 16. 
Aurelius Victor, de Cces. c. 39. says, that the same thing was done 
to Caligula and Domitian. So Dio. lix. 4. 27. 28. 

Augustus, at first, used the powers conferred on him with great 
moderation ; as indeed all the first emperors did in the beginning of 
their government, Dio. Ivii. 8. lix. 4. In his lodging and equipage 
he differed little from an ordinary citizen of distinguished rank, ex- 
cept being attended by his pr^torian guards. But after he had 
gained the soldiers by donatives, the people by a distribution of 
grain, and the whole body of citizens by the sweetness of repose, 
he gradually increased his authority ; {insurgcre paulatim,) and en- 
grossed all the powers of the state, (niunia senalm, magistralmim^ 
legum in se trnmferre.,) Tacit. Ann. i. 2. Such of the nobility as 
were most compliant, {quanlo qrns servilio promplior^ were raised 
to wealth and preferment. Having the command of the army and 
treasury, he could do every thing. For although he pretended to 
separate his own revenues from those of the state, yet both were 
disposed of equally at his pleasure, Dio. liii. 16. 

The long reign and artful conduct of Augustus, so habituated the 
Romans to subjection, that they never afterwards so much as made 
one general effort to regain their libert}^ nor even to mitigate the 
rigour of tyranny. In consequence of which, their character be- 
came more and more degenerate. After being deprived of the 
right of voting, they lost all concern about public affairs ; and were 
only anxious, says Juvenal, about two things, bread and games^ 
(Panem et CmcENSEs, i.e. largesses and spectacles,) Jwzjcna/. x. 
80. — Hence from this period, their history is less interesting, and, as 
Dio observes, less authentic ; because, when every thing was done 
by the will of the prince, or of his favourites and freedmen, the 
springs of action were less known than under the republic, Dio. liii. 
19. It is surprising, that though the Romans at different times were 
governed by princes of the most excellent dispositions, and of the 
soundest judgment, vv'ho had seen the woful effects of wicked men 
being invested with unlimited power, yet none of them seem ever 
to have thought of new-modelling the government, and of provid- 
ing an effectual check against the future commission of similar en- 
ormities. Whether they thought it impracticable, or wiehed to trans- 
mit to their successors, unimpaired, the same powers which they 



PUBLIC SERVANTS, &c 15S 

had received ; or from what other cause we know not It is at 
least certain that no history of any people shows more clearly the 
pernicious effects of an arbitrary and elective monarchy, on the 
character and happiness of both prince and people, than that of 
the ancient Romans. Their change of government was indeed the 
natural consequence of that success with which their lust of con- 
quest was attended. For the force employed to enslave other na- 
tions, being turned against themselves, served at first to accom- 
plish, and afterwards to perpetuate their own servitude. And it 
IS remarkable, that the nobility of Rome, whose rapacity and cor- 
ruption had so much contributed to the loss of liberty, were the 
principal sufferers by this change ; for on them, those savage mon- 
sters, who succeeded Augustus, chiefly exercised their cruelty. 
The bulk of the people, and particularly the provinces, were not 
more oppressed than they had been under the republic. Thus Ta- 
citus observes, Neque provincm ilium rervm statum abnuebarttf suS" 
pecfo senatus populique imperio ob certamina potentiumi et avaritiam 
magistraiuum ; invalido legum auxilio^ quiz vi, ambitUf postremd pe* 
cunid turbabantur, Annal. i. 2. 

PUBLIC SERVANTS of the MAGISTRATES. 

The public servants {minislri) of the magistrates, were called by 
the common name of APPARITORES, Liv. i. 8. because they 
were at hand to execute their commands (giwd Us apparebant, i. c. 
prasto erant ad obsequium, Serv. ad Virg. iEn. sii. 850.) and their 
service or attendance apparitio, Cic, Fam. xiii. 54. These were, 

I. SCRIBiE, Notaries or clerks, who wrote out the public ac- 
counts, the laws, and all the proceedings (add) of the magistrates. 
Those who exercised that office were said scriplum facere, Liv. 
xi. 46. Gell. vi. 9. from scriptus, -us. They were denominated 
from the magistrates whom they attended ; thu3, ScribiB quisstorii^ mdu 
litiij prcetorii, &c. and were divided into different decurim ; whence 
dtruriam emere, for munns scribce emere, Cic. Verr. iii. 79. This 
office was more honourable among the Greeks than the Romans, 
Nep. Eum. I. The scribcB at Rome, however, were generally com- 
posed of free-born citizens ; and they became so respectable, that 
their order is called by Cicero honestus (quod eorum fidei tabulcs 
public(B, periculaque magistraiuum commitlunlur,) Cic. Verr. iii. 79. 

There were also actuarii or notarii, who took down in short-hand 
what was said or done, (notis excipiebant,) Suet. Jul. 55. These 
were different from the scribce, and were commonly slaves or freed- 
men, Dio, Iv. 7. The scribce were also called librarii, Festus. 
But librarii is usually put for those who transcribe books, Cic. Att, 
xii. 6. Suet. Vomit. 10. for which purpose the wealthy Romans, 
who had a taste for literature, sometimes kept several slaves, Kep* 
Ati.l^ 

The method of writing short-hand is said to have been invented 

20 



154 ROMAN ANTIQUITIES, 

by Maecenas, Dio. Iv. 7. according to Isidore, by Tiro, the favour-^ 
ite slave and freedman of Cicero, hid, i. 22. Senec, Ep. 90. 

II. PRiE CONES, heralds or public criers, who were employed 
for various purposes. 

1. In all public assemblies they ordered silence, [sileatium indice' 
bant vel imperabanl : exsurge, prjsco, fag populo audiektiam, 
Plant. Pcen. prol. 11.) by saying, Silete vel tacete ; and in sacred 
rites by a solemn form, Favete linguis, Horat. Od. iii. 1. Ore fa- 
vete omnes, Virg. Mn, v. 71. Hence sacrum silenlium for altissi' 
mum or maximum, Horat. Od. ii. 13. 29. Ore favent, i\\Qy are silent-; 
O-oid, Amor, iii. 13. 29. 

2. In the comitia they called the tribes and centuries to give 
their votes : they pronounced the vote of each century : they called 
out the names of those who were elected, Cic. Verr, v. 15. (See 
p. 88.) When laws were to be passed, they recited them to the 
people, (p. 86.) In trials they summoned the judices, the persons 
accused, their accusers, and the witnesses. 

Sometimes heralds were employed to summon the people to an 
assembly, Liv. i. 59. iv. 32. and the senate to the senate-house, iii. 
38. (see p. 19.) also the soldiers, when encamped, to hear their ge- 
neral make a speech, Li:, i. 28. 

3. In sales by auction, they advertised them (auctionem concla- 
mabant vel prcedicabant,) Plaut. Men. fin. Cic. Verr. iii. 16. Off. iii. 
13. Horat. de Art. Poet. 419. they stood by the spear, and called 
out what was offered. See p. 57. 

4. In the public games, they invited the people to attend ; they 
ordered slaves and other improper persons to be removed from 
them ; Cic. de resp, Har. 12. Liv. ii. 37. they proclaimed (prcBdica- 
bant) the victors and crowned them ; Cic. Fam. v. 12. they invited 
the people to see the secular games which were celebrated only 
once every 110 years, by a solemn form; Convenite ad ludos 

SPECTANDOS, QUOS NEC SPECTAVIT QUISQUAM, NEC SPECTATURUS EST, 

Suet. Claud. 21. Herodian. iii. 8. 

5. In solemn funerals, at which games sometimes used to be ex- 
hibited, Cic. de legg. ii. 24. they invited people to attend by a cer- 
tain form: Exsequias Chremeti, quibus est commodum, ire jam 
TEMPOS EST, OLLus EFFERTUR, Ter. Phorm. V. 8. 38. Hence these 
funerals were called FUNERA INDICTIYA. Ftstus in Quirites, 
Suet. Jul. 84. The prceconis also used to give public notice when 
such a person died ; thus Ollus quiris leto datus est, Festus. ibid, 

6. In the infliction of capital punishment, they sometimes signi- 
fied the orders of the magistrate to the lictor ; Liv. xxvi. 15. Lic- 

TOR, YlRoforti ADDE VIRGAS, ET IN EUM LEGE primum AGE, ibid. 16. 

7. When things were lost or stolen, they searched for them, 
Plaut. Merc. iii. 4. v. 78. Peiron. Arhit. c, 57. where an allusion is 
supposed to be made to the custom abolished by the ^butian law. 

The office of a public crier, although not honourable, was profita- 
ble, Juvenal, vii. 6. <fec. They were generally free-born, and divi- 
ded into decurias. 



PUBLIC SERVANTS, &c. ^ 155 

Similar to the prcscones were those who collected the money bid* 
den for goods at an auction from the purchaser, called COACTO- 
RES, Hor. Sat. i. 6. 86. Cic. pro Cluent. 64. They were servants 
{ministri) of the money- brokers, who attended at the auctions : 
Hence exactiones ai'geniarias factitare, to exercise the trade of such 
a collector, Suet. Vcsp. I. They seem also to have been employed 
by bankers to procure payment from debtors of every kind. But 
the collectors of the public revenues were likewise called COAC- 
TORES, Cic. pro Rah. Post. 11. 

III. LICTORES. The lictors were instituted by Romulus, who 
borrowed them from the Etruscans. They are commonly supposed 
to have their name, Liv. i. 8. {a Uganda), from their binding the 
hands and legs of criminals before they were scourged, Gell. xii. 3. 
They carried on their shoulders rods {virgas ulmeas. Plant. Asin. ii. 
2. V. 74. iii. 2. v. 29. Viminei fasces virgarum, Id. Epid. i. I. 26, 
vel ex betiila, Plin. xvi. 18. s. 30.) bound with a thong in the form 
of a bundle, {bacillos loro colligatos in modum fascis,) and an axe 
jutting out in the middle of them. They went before all the great- 
er magistrates, except the censors, one bv one in a line, Liv. xxiv, 
44. He who went foremost was called PRIMUS LICTOR, Cic. 
ad Fatr. i. 1. 7. he v/ho went last, or next to the magistrate, was 
called PROXIMUS LICTOR, Liv. ibid. Sallust. Jvg. 12. or Pos^ 
tremus, Cic. Divin. i. 28. i. e. the chief lictor, summus lictor, who 
used to receive and execute the commands of the magistrate. 

The office of the lictors was, 

1. To remove the crowd {at turbam summoverent,) Liv. iii. 11. 
48. viii. 33. Hor. Od. ii. 16. 10. by saying, Cedite Consul ve- 

NIT ; DATE VIAM, Vcl LOCUM CONSULl ; SI VOBIS VIDETUR, DISCEDITE, 

QuiRrrES, Liv. ii. 56. or some such words, {solennis ille lictorum et 
prcenuncius clamor, Plin. Pan. 61.) whence the lictor is called sum- 
motor aditus, Liv. xlv. 29. This sometimes occasioned a good deal 
of noise and bustle, Liv. passim. When the magistrate returned 
home, a lictor knocked at the door with his rod, (forem, uti mos est, 
xirga percussit,) Liv. vi. 34. which he also did, when the magistrate 
went to any other house, Plin. vii. 30. s. 31. 

2. To see that proper respect was made to the magistrates, (ANI- 
MADVERTERE, ut debitus honos lis rcdderetur,) Suet. Jul. 80. 
What this respect was, Seneca informs us, Epist. 64. namely, dis- 
mounting from horseback, uncovering the head, going out of the 
way, and also riding up to them, &c. Snet. Jul. 78. 

3. To inflict punishment on those who were condemned, which 
they were ordered to do in various forms : I, Lictor, colliga na- 
nus ; I, Caput obnube hujus ; Arbori infklici susi'ende ; Yer- 

BERATO VEL INTRA POM^.RIUM Vel CXtra FOMiERlUM, LrJ. i. 26. I, 

Lictor, deliga ad palum, Id, viii. 7. Accede, Lictor, virgas 
ET secures expedi, Id. viii. 32. In eum lege age, i. e. secnri per* 
cute, \e\feri, xxvi. 16. 

The lictors were usually taken from the lowest of the common 



156 ROMAN ANTIQUITIES. 

people, Liv. ii. 55. and often were the freedinen of him on whom 
ihey attended. They were different from the public slaves, who 
waited on the magistrates, Cic. in Verr, i. 26. 

IV. ACCENSI. These seem to have had their name from 
summoning (ab acciendo) the people to an assembly, and those who 
had lawsuits, to court, (in jus.) One of them attended on the con- 
sul who had not the fasces, Suef. Jul. 20. Liv. iii. 33. Before the 
invention of clocks, one of them called out to the praetor in court, 
when it was the third hour, or nine o'clock, before noon ; when it 
was mid-day, and the ninth hour, or three o'clock afternoon, Varro 
de Lai, Ling. v. 9. Plin. vii. 60. They were commonly the freedmen 
of the magistrate on whom they attended ; at least in ancient times, 
Cic, ad Fair, i. 1. 4. The Accensi were also an order of soldiers, 
called Supernumerarii, because not included in the legion, VegeA, ii. 
19. Ascon, in Cic Verr. i. 28. Liv, viii. 8. & 10. 

v. VIATORES. These were properly the officers who attend- 
ed on the tribunes, Liv. ii. 56. and a^diles, xxx. 39. Anciently they 
used to summon the senators from the country, where they usually 
resided ; whence they had their name, {quod scepe in via essentj) Cic. 
deSen. 16. Columell. Frsef, I. 

VI. CARNIFEX. The public executioner or hangman, who 
executed (suppHcio afficiehat) slaves, and personsof the lowest rank; 
for slaves and freedmen were punished in a manner diflferent from 
free-born citizens. Tacit, Anna!, iii. 50. The carnifex was of ser- 
vile condition, and held in such contempt, that he was not permitted 
to reside within the city, Cic. pro Rabir. 5. but lived without the 
Porta Metia^ or Esquilina, Plant. Pseud, i. 3. v. 98. near the place 
destined for the punishment of slaves, (juxta locum servilibns pa^nis 
ieposilum, Tac. Anna!, xv. 60. ii. 32.) called Sestertium^ Plu- 
tarch, in Galb. where were erected crosses and gibbets, {cruces et 
patibula, Tac. Annal. xiv. 33.) and where also the bodies of slaves 
were burnt. Plant, Cas. ii, 6. v, 2. or thrown out unburied, Por, 
Epod, V. 99. 

Some think that the carnifex was anciently keeper of the prison 
under the Triumviri capitales, who had only the superintendence or 
care of it : hence tradere vel irahere ad camijicem^ to imprison ; 
Plant. Rud, iii. 6. v. 19. 

LAWS of the ROMANS, 

The laws of any country are rules established by public autho* 
rity, and enforced by sanctions, to direct the conduct, and secure 
the rights of its inhabitants. (LEX justi injustiqne regula, Senec. 
de benef. iv. 12. Leges quid aliud sunt, quam minis mixta prxcepta? 
Id. Epist. 94.) 

The laws of Rome were ordained by the people, upon the appli- 
cation of a magistj-ate, {rogunte magistratu,) See p. 82. 85. 

The great foundation of Roman law or jurisprudence, {Romani 



LAWS OP THE ROMANS. JOT 

jufist) was that collection of laws called the law, Liv, xxxiv. 6, or 
laws of the Twelve Tables, compiled by the decemviriy and ratifi- 
ed by the people, (see p. 138.) a work in the opinion of Cicero, 
superior to all the libraries of philosophers, {omnibus omnium philo' 
sophornm bibtiolhecis anteponendnm,) de Orat. i, 44. Nothing now 
remains of these laws but scattered fragments. 

The unsettled state of the Roman government, the extension of 
the empire, the increase of riches, and consequently of the number 
of crimes, with various other circumstances, gave occasion to a great 
many new laws, (corruptissimd republica plurimm le^es. Tacit. An- 
nal. iii. 27.) 

At first those ordinances only obtained the name of laws, which 
were made by the Comilia Centuriala, (POPULISCITA,) Tacit, 
Annah iii. 58. but afterwards, those also, which were made by the 
Comilia Tributa, (PLEBISCITA,) when they were made binding 
on the whole Roman people ; first by the Horatian law, {ut quod 
tributim plebes jussisset, populum ieneret,) Liv. iii. 55. and after- 
wards more precisely by the Publilian and Hortensian laws, {ut pie- 
bescita OMNIS QUIRITES tenerent,) Liv. viii. 12. Epit. xi. Plin. 
xvi. 10. s. 15. Gell. xv. 27. 

The different laws are distinguished by the name, {nomen gentis) 
of the persons who proposed them, and by the subject to which they 
refer. 

Any order of the people was called LEX, whether it respected 
the public, {jus publicum vel sacrum,) the right of private person?, 
(jus privatum vel civile,) or the particular interest of an individual. 
But this last was properly called PRIVILEGIUM, Gell. x. 20. As^ 
con. in Cic. pro Mil. 

The laws proposed by a consul were called CONSULARES, Cic, 
Sext. 64. by a tribune, TRIRUNITIJi:, Cic. in Full. ii. 8. by the 
decemviri, DECEMVIRALES, Liv. iii. 55. 56. & 57. 

Different Significations of JUS and LEX, and the different SPECIES 
of the ROMAN LAW. 

The words, Jus and T^ex are used in various senses. They are 
both expressed by the English word LAW. 

Jus properly implies what is just and rigfit in itself, or what from 
any cause is binding upon us, Cic. de Offic. iii. 21. Lex is a writ- 
ten statute or ordinance : (Lex, qua scripto sancit, quod vult, aut 
jubendo, aut vetamlo, Cic. de legg. 1. 6. a legendo, quod legi sO' 
letf ut innotescnt, Varro de Lat. ling. v. 7. legore leges propositus 
jussere, Liv. iii. 34. vel a delectu, Cic. de Lesig. i. 6. a justo et jure 
legendo^ i. e. eligendo, from the choice of what is just and right, Id, 
ii. 5. Lex, justorum injustorumque distinctio, ibid. Grceco no- 
mine appellatn, No.aoc, a suum cuique tribuendo. Id. i. 6.) 

Jus is properly what the law ordains, or the obligation which it 
imposes ; {est enim JUS quod LEX constituit, That is /azo, or, That 
ii binding, which the law ordains, Cic. de Legg. i. 15. ad Hereniu 



m ROMAN ANTIQUITIES. 

ii. 13.) Or, according to the Twelve Tables, Quodcunque popu- 
Lus JussiT, ID JUS ESTo, Liv. vii. 17. ix. 33. quod major pars 

JUDICARIT, ID JUS RATUMQUE ESTO, Cic. 

ButJKs and lex have a different meaning, according to the words 
with which they are joined : thus, 

Jus NATURE, vel NATURALE, is, what nature or right reason teach- 
es to be ri^ht ; and jus gentium, what all nations esteemed to be 
right : both commonly reckoned the same, Cic. Sext. 42. Harusp, 
resp, 14. 

Jus avium vel civile, is, what the inhabitants of a particular 
country esteem to be right, either by nature, custom, or statute, 
Cic. Topic. 5. Off. iii. 1(3. 17. de Oral. i. 48. Hence, constiiune^ 
jus, quo omnes ntantur, pro Dom. cui suhjccii sint, pro Csesin. So 
jus Romanum, Jlnglicum, &lc. When no word is added to restrict 
it, JUS civile is put for the civil law of the Romans. Cicero some- 
times opposes yw5 civile io jus naturale, Sext. 42. and sometimes to 
what we call Criminal law {jus publicum,) Verr. i. 42. Caecin. 2. 
in Cascil. 5. 

Jus coMiMUNE, what is held to be right among men in general, or 
among the inhabitants of any country, Cic. Ccesin. 4. Digest, et In- 
stitui. 

Jus PUBLICUM et PRIVATUM, what is right with respect to the peo- 
ple (quasi jus populicum,) or the public at large, and with respect to 
individuals ; political and civil law, Liv. iii. 34. Cic. Fam. iv. 
14. Plin. Episl. i. 22. But jus publicum is also put for the right 
which the citizens in common enjoyed, {jus commune,) Terent. 
Phorm. ii. 2. 65. 

Jus Senatorium, (pars juris publici,) what related to the rights 
and customs of the senate ; what was the power of those, who might 
make a motion in the senate ; {qu(2 potestas reftrentibus,) (see p. 
22.) what the privilege of those, who delivered their opinion, {quid 
cons entibus jus j) what the power of the magistrates, and the rights 
of the rest of the members, &c. Plin. Ep. viii. 14. 

Jus DiviNUM et HUMANUM, what is right with respect to things di- 
vine and human, Liv. i. 18. xxxix. 16. Tacit. Annal. iii. 26. 70. vi. 
26. Hence /a5 et jura sinunt, laws divine and human, Virg. G. i, 
269. Contra jus fasque, Sail. Cat. 15. Jus fasque exuere. Tacit. 
Hist. iii. 5. Omne jus et fas delere, Cic. Quo jure, quave injuria, 
right or wrong, Terent. And. i. 3. 9. Per fas et nefas, Liv. vi. 14. 
Jus etinjuricB, Sail. Jug. 16. Jure fieri, jure census. Suet. Jul. 76. 

Jus Pr^.toriuh, what the edicts of the praetor ordained to be 
right, Cic. de Offc. i. 10. Ver. i. 44. 

Jus HONORARIUM. See p. 110. 

Jus Flavianum, iELiANUM, &c. thc books of law composed by 
Flavins, Liv. ix. 46. iElius, &c. Urcanum, i. e. civile privatum, 
ex quo jus dicit prcetor urbanus, Cic. Ver. Act. i. 1. 

Jus Pr^diatorium. The law observed with respect to the goods 
{Prcedia vel prcedia bona, Ascon. in Cic.) of those who were sureties 



LAWS OF THE ROMANS. 1^9 

(prades) for the farmers of the public revenues, or undertakers of 
the public works, {mancipes,) which were pledged to the public, 
{publico obligata vel pignori opposita,) and sold if the farmer or un- 
dertaker did not perform his bargain, Cic. pro Balb. W. Vtrr, i. 54. 
Farji. V. 20. Suet. Claud. 9. Hence PRiEuiATOR, a person who laid 
out his money in purchasing these goods, Cic. Att. xii. 14. 17. and 
who, of course, was well acquainted with what was right or wrong 
in such matters, {juris prcsdiutoiii perilus,) Id. Balb. 20. 

Jus Fkcialk, the law of arms or heraldry, Cic. Offic. i. 11. or the 
form of proclaiming war, Liv. i. 32. 

Jus Legitimum, the common or ordinary law, the same with jus 
civile, Cic. pro Dom. 13. 14. but jus legitium exigere, to demand 
one's legal right, or what is legally due, Fam. vlii. 6. 

Jus CoNsufc:TUDiNis, wliat long use hath established, opposed to 
hKGE jus or jus scriptum, statute or written law, Cic. de Invent, ii. 
22. 54. Jus civile constat aut ex scripto aut sine scripto, 1. 6. D. de 
jussit. et jur. 

Jus PoN'TiFicuM vel SACRUM, what is right with regard to religion 
and sacred things, much the same with what was afterwards called 
Ecclesiastical Law, Cic. pro Dom. 12. 13. 14. de legibus, ii. 18. &c, 
Liv. i. 20. So Jus religionis, augurum cceremoniarum, auspiciorum, 
&c. 

Jus Bellicum vel Belli, what may be justly done to a state at 
war with us, and to the conquered : Coes. de Bell. G. i. 27. Cic. Off» 
i. 11. iii. 29. Liv. i. 1. v. 27. Hence fjeges silent inter arma, Cic. in 
Mil. 4. Ferrejus in armis, Liv. v. 3. Facere jus tnse, Lucan. iii. 821. 
viii. 642. ix. 1073. Jusque datum sceleri, a successful usurpation, by 
which impunity and a sanction were crimes, Id. i. 2. 

Juris disciplina, the knowledge of law, Cic. Legg. i. 5. intelli- 
gentia, Phil. ix. 5. interpretation Off. i. 11. Studiosi juris, i. e. ju^ 
risprudentiod, Suet. Ner. 32. Gell. xii. 13. Consulti periti, &c. Law- 
yers, Cic. 

Jure et legibus, by common and statute law, Cic. Verr, i. 42. 44. 
So Horace, Vir bonis est quis ? Qui consulta patrum, qui leges, ju- 
raque servat, (f'-c. Epist. i. xvi. 40. Jura dabat legesque viris, Virg. 
JEn. i. 509. 

But Jura is often put for laws in general ; thus, J^ova jura con^ 
dere, Liv. iii. 33. Jure inventa me.tu injuslifateare riecesse est, Ho- 
rat. Sat. I. iii. 111. Arc. P. 122. 398. civica jura respondere, Ep. i. 
3.23. 

Jus and ^Equitas are distinguished, Cic. Off. iii. 16. Virg. ii. 
426. jus and justitia ; jus civile and leges, Phil. ix. 5. So Mquum 
et bonum, is opposed to callidum versutumque jus, an artful interpre- 
ter of a written law, Ccscin. 23. Summumjus, the rigour of the law, 
summa injuria, Off. i. 11. Summo jure agere, contendere, experiri, 
<fec. to try the utmost stretch of law. 

Jus vel Jura Quiriiium, civium, 6lc. See p. 46. «Scc. 
Jura sanguinis, cognationis,^c. necessifudo^ v. jus nccessiiudinis, 
relationship, Suet. Calig. 26. 



160 ROMAN ANTIQUITIES. 

Jus regnij a right to the crown, Liv. i. 49. Honorum, to prefer* 
ments, Tacit, xiv. 5. Quibus per fraudem jvs fuity power or autho- 
rity, Sallust. Jug. 3. Jus luxurice publicce datum est, a license, Sc- 
nec. Epist. 18. Quihus fallere ac furnri jus eraty Suet. Ner. 16. 
Jnjus et dilionem vel poteslatem niicnjus venire, conctdere, Liv. <& 
Sal!. Habere jus in alique.m ; sui juris esse ac mancipii, i. e. sui ar^ 
bitrii et vemini parere, to be one's own master, Cic. In controverso 
jure est, it is a point of law not fixed or determined, Liv. iii. 55. 

Jus dicer e \e\ reddere, to administer justice. Dare jus gratia, to 
sacrifice justice to interest, Liv. 

Jus is also put for the place where justice is administered ; thus, 
In jus eamus, i. e. ad prcetoris sellam, Donat. in Ter. Phorm. v. ?•, 
43. & 88. Injure, i. e. apud prcetorem. Plant. Rud. iii. 6. 28. Men. 
iv. *2. 19. De jure currere, from court, Cic. Quint. 25. 

LEX is often taken in the same general sense with Jus : thus, 
Lex est recta ratio imperandi atque prohibendi, a numine deorum 
iracta ; justorum injustorumque distinctio ; externum quiddam, quod 
universum mundum regit; — Consensio omnium gentium lex natures 
putanda est ; 7ion scripla, sed nala lex : — Salus populi suprema lex 
esto ; fundamentum liberlatis, fans equitatis, &c. Cic. de Legg.— 
pro Cluent. 53. 

Lkges is put, not only for the ordinances of the Roman people, 
but for any estabhshed regulations : thus, of the {ree towns, Leges 
MUNicip^LEs, Cic. Fam. vi. 18. of the allied towns, Verr. ii. 49. 50. 
of the provinces, ibid. 13. 

When Lex is put absolutely, the law of the Twelve Tables is 
meant ; as, Lege hif.redilas ad gentem Minuciam venicbat, Cic. Verr. 
i. 45. Ea ad nos redibat lege hcereditas, Ter. Hecyr. i. 2. 97. 

Leges Censoriji;, forms of leases or regulations made by the 
censors, Cic. Verr. i. 55. iii. 7. Prov. Cons. 5. Rabir. Perd. 3. ad 
Q. Fr. i. 12. Lex. mancipii vel mancipium, the form and condition 
of conveying property, de Oral. i. 39. Cic. Off. iii. 16. 

Leges venditionis, vel venalium vendendorwn, agrum vel domvm 
possidendi, &lc. Rules or conditions, Cic. de Orat. i. 58. Horat, 
Epist. ii. 2. v. 18. Hence Emere, vendere hac vel ilia lege, i. e. sub 
hac condilione vel pacta. Suet. Aug. 21. Ea lege (i. e. ex pacto et 
conventu) exierat, Cic. Att. vi. 3. Hac lege atque omine, Ter. And. 
i. 2. 29. Heaut. v. 5. 10. Lex viice, qua nati sumus, Cic. Tusc. 16. 
mea lege utar, I will observe my rule, 7\r. Phorm. iii. 2. ult. 

Leges histories, poematum, versuum, &c. Rules observed in writ- 
ing, Cic. de Legg. i. 1. de Orat. iii. 49. Thus we say, the laws of 
history, of poetry, versifying, &c. and in a similar sense, the laws of 
motion, magnetism, mechanics, &c. 

In the Corpis Juris, Lex is put for the Christian religion ; thus, 
Lex Christiana^ Catholica, venerabilis, sanctissima, &c. But we in 
a similar sense use the word lazo for the Jewish religion ; as the 
Law and the Gospel^ or for the Books of Moses j as, the Law and 
the Prophets. 



LAWS OF THE ROMAxNS. 161 

Jus RoMANUM, or Roman law, was either wriiten or unwritten 
iawy (Jus scRiPTUM aut non scriptuivi.) The several species which 
constituted the jus scripluni^ were, hiws, properly so called, the de- 
crees of the senate, the edicts or decisions of magistrates, and the 
opinions or writings of Iaw3'ers. Unwritten law, {jus non scriptum^ 
comprehended natural equity and custom. Anciently jus scriptum 
only comprehended laws properly so called, Digest, de orig. jur. 
All these are frequently enumerated, or alluded to by Cicero, who 
calls them Fontes ^quitatis. Topic. 5. t^c. ad Herenn, ii. 13. 

LAWS of the DECEMVIRI, or. The XII TABLES. 

Various authors have endeavoured to collect and arrange the 
fragments of the Twelve Tables. Of these, the most eminent is 
Godfrey, {Jacobus Gothofredus,) 

According to his account. 

The I. table is supposed to have ivQtiie^. of lawsuits ; the II. of 
thefts and robberies ; liT. of loans, and the right of creditors over 
their debtors ; IV. of the right of fathers of families ; V. of inherit- 
ance and guardianship ; VI. of property and possession ; VII. of 
trespasses and damages; VIIL of estates in the country ; IX. of the 
common rights of the people ,• X. of funerals, and ail ceremonies 
relating to the dead ; XL of the worship of the gods, and of reli- 
gion ; XII. of marriages, and the rights of husbands. 

Several ancient lawyers are said to have commented on these 
laws, Cic. de legg. ii. 23. Plin. xiv. 13. but their w^orks are lost. 

The fragments of the TweU^'e Tables have been collected from 
various authors, many of them from Cicero. The laws are in gene- 
ral very briefly expressed ; thus, 

Si in jus vocet, ATQUti (i. e. slaiim) eat. 

Si membrum RUPSiT {ruperit,) ni cum lo pacit {padscatur,) talio 

ESTO. 

Si falsum testIxMONIum dicassit (dixerit) s^xo dejicitor. 
Privilegia ne irroganto ; sc. magisiratvs. • 

De capite {de xittt, libertate, et jure) civis Roman i, nisi Per 
MAXIMUM CENTURiATUM (per comitia centuriala) ne ferunto. 
Quod postremum populus jussit, id jus katum lsio. 

HomINEM MORTUUM in URBE ne SEPELITO, neve URiTO. 

Ad Divos adeunto caste : itetatem aduibento, opes amoves- 
TO. Qui sec us faxit, Deus ipse vindex erit. 

Feriis jurgia amovento. Ex patriis ritibus optima colunto. 

PeRJURII poena DIVINA, EXITIUM ; HUMANA, DEDECUS. 
ImPIUS ne AUDETO PLAC.\ilE DONIS IRAM DeORUM. 

Nequis agrum consecrato, auri, argenti, EBORis sacrandi mo- 
dus ESTO. 

The most important particulars, in the fragments of the Twelve 
Tables, come naturally to be mentioned, and explained elsewhere 
in various places. 

After the publication of the Tweh^ Tables, every one understood 

^21 



162 ROMAN ANTIQUITIES. 

what was his right, but did not know the way to obtain it. For this 
they depended on the assistance of their patrons. 

From the Twelve Tables were composed certain rites and forms, 
which were necessary to be observed in prosecuting lawsuits, (qui- 
bus inter se homines disceptareni,) called ACTIONES LEGIS. 
The forms used in making bargains, in transferring property, &c. 
were called ACTUS LEGITIML There were also certain days 
on which a lawsuit could be instituted, (quando lege agi posset,) or 
justice could be lawfully administered, (dies FASTI,) and others on 
which that could not be done, (NEFASTI ;) and some on which it 
could be done for one part of the day, and not for another, (INTER- 
CISI.) The knovi^ledge of all these things was confined to the pa- 
tricians, and chiefly to the Pontifices, for many years ; till one Cn. 
Flavins, the son of a freedman, the scribe or clerk of Appius Clau- 
dius Caecus, a lawyer, who had arranged in writing these actiones 
and days, stole or copied the book which Appius had composed, and 
published it, A. U. 440. (fastos publicavit, ef actiones primum edidit.) 
In return for which favour he was made curule sedile by the people, 
and afterwards praetor. From him the book was called JUS CIVI- 
LE FLAVIANUM, Liv. ix. 46. Cic.de Oral. i. 41. Murcen. II. Jltt. 
i. I. 1. 2. § 7. D. de orig. juris, Geli. vi. 9. Valer, Max. ii. 5. 2. Plin, 
xxxiii. 1. s. 6. 

The patricians, vexed at this, contrived new forms of process ; and 
to prevent their being made public, expressed them in writing by 
certain secret marks, (NOTIS, Cic. pro Mur. 11. somewhat like 
what are now used in writing short-hand,) or, as others think, by 
putting one letter for another, (as Augustus did, Suet. Aug. 88.) or 
one letter for a whole word, {per SIGLAS, as it is called by later 
writers.) However, these forms also were published by Sextus 
^Jius Catus, (who for his knowledge in the civil law, is called by 
Ennius egregie cordatus homo, a remarkably wise man, Cic. de Oral. 
i. 45.) His book was named JUS JELIANUM. 

The only thing now left to the patricians was the interpretation 
of the law ; which was long peculiar to that order, and the means 
of raising several of them to the highest honours of the state. 

The origin of lawyers at Rome was derived from the institution 
of patronage. (See p. 36.) It was one of the offices of a patron 
to explain the law to his clients, and manage their lawsuits. 

TITUS CORUNCANIUS, who was the first plebeian Pontifex 
Maximus, A. U. 500, Liv. Epit. 18. is said to have been the first 
who gave his advice freely to all the citizens without distinction, /. 
2. § 35. & 38. D. de orig. jur. whom many afterwards imitated ; as, 
Manilius, Crassus, Mucins Scaevola, C. Aquilius, Galius, Trebatius, 
Sulpicius, &:c. 

Those who professed to give advice to all promiscuously, used to 
walk across the forum, (transverso foro,) and were applied to {ad 
cos adibatur) there or at their own houses, Cic. Orat. iii. 33. Such 
as were celebrated for their kn^'ledge in law, often had their doors 



LAWS OF THE ROMANS. 163 

beset with clients before day-break, Hot. Sat. i. 1. v. 9. Epist. ii. 1. 
103, for their gate was open to all, (cunctis janua patebat, Tibull. i. 
4. 78.) and the house of an eminent lawyer was as it were the ora- 
cle of the whole city, Cic. de Oral. i. 45. Hence Cicero calls their 
power Regnum judiciale, Alt. i. 1. 

The lawyer gave his answers from an elevated seat, {ex solio, tan- 
quam ex tripode,) Cic. de Legg. i. 3. Orat. ii. 33. iii. 33. The 
client coming up to him said. Licit consulere ? Cic. pro Mur. 13. 
The lawyer answered, Consule. Then the matter was proposed, 
and an answer was returned ver}'' shortly ; thus, Qu^ro an existi- 
mes ? vel. Id jus est necne ? — Secundum ea, qu^ proponuntur, 
ExisTiMO, placet, puto, Hovat. Sat. ii. 3. 192. Lawyers gave their 
opinions either viva voce, or in writing : commonly without any rea- 
son annexed, Senec. Epist. 94. but not always. 

Sometimes in difficult cases, the lawyers used to meet near the 
temple of Apollo in the Forum, Juvenal, i. 128. and after deliberat- 
ing together, (which was called DISPUTATIO FORI,) they pro- 
nounced a joint opinion. Hence what was determined by the law- 
yers, and adopted by custom, was called Recepta sententia, Re- 
ceptum jus, Receptus mos, post multas variationes receptum ; 
and the rules observed in legal transactions by their consent, were 
called Regulje juris. 

When the laws or edicts of the praetor seemed defective, the law- 
yers supplied what was wanting in both from natural equity ; and 
their opinions in process of time obtained the authority of laws. 
Hence lawyers w^ere called not only interpretes, but also CONDI- 
TORES et AUCTORES JURIS, Digest, and their opinions, JUS 
CIVILE, Cic. pro Ccecin. 24. de qffic. iii. 16. opposed to leges Cae- 
cin. 26. 

Cicero complains that many excellent institutions had been per- 
verted by the refinements of lawyers, pro Mur. 12. 

Under the republic, any one that pleased might profess to give 
advice about matters of law ; but at first this was only done by per- 
sons of the highest rank, and such as were distinguished by their su- 
perior knowledge and wisdom. By the Cincian law, lawyers were 
prohibited from taking fees or presents from those who consulted 
them ; hence, turpe reos empta miseros defendere lingua^ Ovid. 
Amor. i. 10. 39. which rendered the profession of jurisprudence 
highly respectable, as being undertaken by men of rank and learn- 
ing, not from the love of gain, but from a desire of assisting their 
fellow-citizens, and through their favour of rising to preferments. 
Augustus enforced this law, by ordaining, that those who transgress- 
ed it, should restore fourfold, Dio. liv. 18. 

Under the emperors lawyers were permitted to take fees, (HO- 
NORARIUM certamjustamque inercedem, Suet. Ner. 17.) from their 
clients ; but not above a certain sum, {capiendis pecuniis posuet mo- 
dum (sc. Claudius) usque ad dena sestertia, Tac Annal. xi. 7.) and 
after the business was done, {Peratis negotis permiliehat pecunias 



164 ROMAN ANTIQUITIES, 

duntaxal decern millinm dare, Plin. Epist. v. 21.) Thus the ancicDt 
connexion between patrons and clients fell into disuse, and every 
thing was done for hire. Persons of the lowest rank sometimes as- 
Bumed the profession of lawyers, Juvenal, viii. 47. pleadings became 
venal, (venire advocationes,) advocates made a shameful trade of 
their function by fomenting lawsuits, {in Hies coire ;) and, instead of 
honour, which was formerly their only reward, lived upon the spoils 
of their fellow-citizens, from whom they received large and annual 
salaries, Plin. Ep. v. 14. Various edicts {edicia, libri, vel libelli) 
were published by the emperors to check this corruption, ibid, also 
decrees of the senate. Id. v. 21. but these were artfully eluded. 

Lawyers were consulted, not only by private persons, but also 
{in consilium adhibebantur, vel assumebantur) by magistrates and 
judges ; Cic. Top. 17. Murcen. 13. Ccecin. 24, GelL xiii. 13. Plin, 
Ep. iv. 22. vi. 11. and a certain number of them attended every pro- 
consul and propraetor to his province. 

Augustus granted the liberty of answering questions of law, only 
to particular persons, and restricted the judges not to deviate from 
their opinion, /. 2. § idt. D. de orig. jur. that thus he might bend the 
laws, and make them subservient to despotism. His successors, 
(except Caligula, Suet. 34.) imitated this example ; till Adrian re- 
stored to lawyers their former liberty. Dig. ibid, which they are sup* 
posed to have retained to the time of Severus. What alterations 
after that took place, is not sufficiently ascertained. 

Of the lawyers who flourished under the emperors, the mo^t re- 
markable were M. ANTISTIUS LABEO, {incorryptue libertalis vir. 
Tacit. Annal. iii. 75. Gell. xiii. 12.) and C. ATEIUS CAPITO 
{cujus obsequium dominaniibus magis probabatur, Tacit, ibid.) under 
Augustus ; and these two, from their different characters and opi- 
nions, gave rise to various sects of lawyers after them : CASSIUS, 
trader Claudius, {CassiancB scholcB princeps,) Plin. Ep. vii. 24. SAL- 
VIUS JULIANUS, under Hadrian ; POMPONIUS, under Julian ; 
CAIUS, under the Antonines ; PAPINIANUS, under Severus ; 
ULPIANUS and PAULUS, under Alexander Severus ; HERMO- 
GENES, under Constantine, <fec. 

Under the republic, young men who intended to devote them- 
selves to the study of jurisprudence, after finishing the usual studies- 
of grammar, Grecian literature, and philosophy, {Cic. in Brut. 80. 
Off. i. 1. Suet, de clar. Rhet. 1. cf/- 2. studia liber alia v. humanita- 
Tis, Plutarch, in Lucull. princ.) usually attached themselves to some 
eminent lawyer, as Cicero did to Q. Mucius Scsevola, Cic. de Amic, 
1. whom they always attended, that they might derive knowledge 
from his experience and conversation. For these illustrious men 
did not open schools for teaching law, as the lawyers afterwards did 
under the emperors, whose scholars were called AUDITORES, 
Scnec. Contr. 25. 

The writings of several of these lawyers came to be as much re« 
jBpected in courtjr of justice (usu fori,) as the laws themselves, /. 2, 



LAWS OF THE ROMANS. 165 

^ 38. D. J« orig, juris. But this happened only by tacit consent. 
Those laws only had a binding force, which were solemnly enacted 
by the whole Roman people assembled in the Comitia. Of these, 
the following are the chief. 

LAWS of the ROMx\NS made at different times. 

LEX ACILIA, L About transporting colonies, {de coloniis de- 
ducendis,) by the tribune C. Acilius, A. U. Cy56, Llv. xxxiii. 29. 

2. About extortion, {de. repetnndis,) by Manius Acilius Glabrio, a 
tribune, (some sa)^ consul,) A. V. 683, That, in trials for this crime, 
sentence should be passed, after the cause was once pleaded, {semel 
dicta causa) and that there should not be a second hearing, [ne reus 
comperendinaretur,) Cic. proem, in Verr. 17. i. 9. Ascon. in Cic. 

Lex iEBUTIA, by the tribune ^butius, prohibiting the proposer 
of a law concerning any charge or power, from conferring that charge 
or power on himself, his colleagues, or relations, Cic. in RulL ii. 8. 

Another concerning the Judices, called Centumviri, which is said 
to have diminished the obligation of the Twelve Tables, and to have 
abolished various customs, which they ordained, Gell. xvi. 10. ix. 
18. especially that curious custom borrowed from the Athenians, 
{Aristoph. in nub. v. 498. Plato, de legg. xii.) of searching for sto- 
len goods without any clothes on but a girdle round the waist, and 
a mask on the face, (FURTORUM QUiESTIO CUM LANCE 
ET LICIO,) Gell. ibid. Festx(s in Lamce. When the goods were 
found, it was called FURTUM CONCEPTUM, Inst. ii. 10. 3. 

Lex Ml A A. et FUSIA de comitiis, — two separate lav^^s, although 
sometimes joined by Cicero. The first by Q. JKlius Psetus, con- 
sul, A. U. 588. ordained, that, when the comitia were held for pass- 
ing laws, the magistrates, or the augurs by their authority, might 
take observations fronl the heavens, {de ccelo servarent :) and, if the 
omens were unfavourable, the magistrate might prevent or dissolve 
the assembly, {comiiiis ohnunciaret,) and that magistrates of equal 
authority with the person who held the assembly, or a tribune, might 
give their negative to any law, (legi inter cederent,) Cic. pro Sext. 
15. 53. post. red. in Sen. 5. de prov. Cons. 19. in Vatin. 9. Pis. 4. 

Att. ii. 9. The second. Lex FUSIA, or Fufia, by P. Furius, 

consul, A. U. 617, or by one Fusius or Fufius, a tribune, That it 
should not be lawful to enact laws on all the dies fasti, Cic. ibid. 
See p. 84. 

Lex MLIA SENTIA, by the consuls Mhus and Sentius, A. U. 
756, about the manumission of slaves, and the condition of those 
who were made free. Suet. Aug. 46. See p. 45. 

Lex iEMILIA, about the censors. See p. 114. 

Lex iEMILIA Sumptuaria vel Cibaria by M. iEmilius Lepidus, 
consul, A. U. 675, limiting the kind and quantity of meats to be 
used at an entertainment, Macroh. Sat. ii. 13. Gell. ii. 24. Pliny 
ascribes this law to Marcu? Scaurus, viii. 57. So Aurel. Vict, di 
vir. illustr. 72. 



166 ROMAN ANTIQUITIES. 

Le^es AGRARI/E ; Cassia^ Liciniay Flaminia, Sempronia, Tho^ 
Tia, Cornelia, Servilia, Flavia, Julia, Mamilia. 

Leges de AMBITU ; Fabia, Calpurnia, Tullia, Aujidia, Lucinia, 
Pompeia. 

Leges ANNALES vel /Inimrice. See p. 97. 

Lex ANTIA Sumptuaria, by Antius Restio, the year uncertain ; 
limiting the expense of entertainments, and ordering that no actual 
magistrate, or magistrate elect, should go any where to sup, but 
with particular persons, Gell. ii. 24. Antius,. seeing his wholesome 
regulations insufficient to check the luxury of the times, never after 
supped abroad, that he might not witness the violation of his own 
law, Macroh, ii. 13. 

Ijeges ANTONIiE, proposed by Antony after the death of Csesar, 
about abolishing the office of dictator, confirming the acts of Caesar, 
(Acta C^saris,) planting colonies, giving away kingdoms and pro- 
vinces, granting leagues and immunities, admitting officers in the 
army among jurymen ; allowing those condemned for violence and 
crimes against the state to appeal to the people, which Cicero calls 
the destruction of all laws, &c. Cic. Phil. i. I. 9. iii. 3. 36. 37. 38. 
V. 34. xiii. 3. 5. Alt. xiv. 12. Dio. Cass. xlv. 28. Appian. de Bell. 
Civ. iii. transferring the right of choosing priests from the people to 
the diffiirent colleges, Dio. jdiv. jm. &c. 

Leges APPULEIiE, proposed by L. Appuleius Saturninus, A. U. 
653, tribune of the commons ; about dividing the public lands among 
the veteran soldiers, Aurel. Vict, de vir. illnstr. 73. settling colonies, 
Cic. pro Balb. 21. punishing crimes against the state {de majestate,) 
Cic. de Orat. ii. 25. 49. furnishing corn to the poor, at |^ of an. ass 
a bushel, {semisse et triente, i. e. dexiante \e\ deunce : See Leges 
Sempronice) Cic. ad Herenn. i. 12. de Legg. ii. 6. 

Saturninus also got a law passed, that all the senators should be 
obliged, within five days, to approve upon oath of what the people 
enacted, under the penalty of a heavy fine ; and the virtuous Metel- 
lus Numidicus was banished, because he alone would not comply, 
{quod in legem vi laiam jurare nollet^) Cic. pro Sext. 16. Dom. 31. 
Cluent. 35. Victor de Vir. illust. 62. But Saturninus himself was 
soon after slain for passing these laws by the command of Marius, 
who had at first encouraged him to propose them, Cic. pro Rabir. 
perd. 7. 11. and who by his artifice had effected the banishment of 
Metellus, Plutarch, in Mar. Appian. de Bell. Civ. i. 367. 

Lex AQUILLIA, A. U. 672. about hurt wrongfully done, {de 

damno injuria dato,) Cic. in Bruto, 34. Another, A. U. 687, {de 

dolo malo,) Cic. de Nat. Deor. iii. 30. Off. iii. 14. 

Lex ATERIA TARPEIA, A. U. 300, that all magistrates might 
fine those who violated their authority, but not above two oxen and 
thirty sheep, Dionys. x. 50. After the Romans began to use coin- 
ed money, an ox w^as estimated at 100 asses, and a sheep at ten, 
Festus in peculatus. 

Lex ATIA, by a tribune, A. U. 690. repealing the Cornelian law, 
and restoring the Domitian, in the election of priests, Dio. xxxvii. 37. 



LAWS OF THE ROMANS. 167 

Lex ATILIA, de dedititiis, A. U. 543, Liv. xxvi. 33. — Another 
de iuloribus, A. U. 443, That guardians should be appointed for or- 
phans and women, by the praetor and a majority of the tribunes, 
Ulpian. in Fragm. Liv. xxxix. 9, See p. 62. 

Another, A. U. 443, That sixteen miHtary tribunes should 

be created by the people for four legions ; that is, two-thirds of the 
whole. For in four legions, the number which then used annually 
to be raised, there were twenty-four tribunes, six in each ; of whom 
by this law four were appointed by the people, and two by the con- 
suls. Those chosen by the people were called COMITIATI ; by 
the consuls, FvUTILl or IIUFULI. At first they seem to have 
been all nominated by the kings, consuls, or dictators, till the year 
393, when the people assumed the right of annually appointing six, 
Liv. vii. 5. ix. 30. Jlscon. in Cic. Afterwards the manner of choos- 
ing them varied. Sometimes the people created the whole, some- 
times only a part. But as they, through interest, often appointed 
improper persons, the choice was sometimes left, especially in dan- 
gerous junctures, entirely to the consuls, Liv. xlii. 31. xliii. 12. xliv. 
31. 

Lex ATINIA, A. U. 623, about making the tribunes of the com- 
mons senators, GelL xiv. 8. Another, That the property of 

things stolen could not be acquired by possession, {usucaptione:) 
The words of the law were, Quod surreptum EraT, ejus jsterna, 
AUCTORiTAS ESTO. (See p. 58.) Gell. xvii. 7. Cic. in Verr. i. 42. 

Lex AUFIDIA de ambitu, A. U. 692. It contained this singular 
clause. That if a candidate promised money to a tribe, and did not 
pay it, he should be excused ; but if he did pay it, he should be 
obliged to pay every tribe a yearly fine of 3000 sestertii as long as 
he hved. Cic. Att.'i. 16. 

Lex AURE LI A JWf/^c^«r^«, by L. Aurelius Cotta, praetor, A. \J. 
683, That judices or jurymen should be chosen from the senators, 
Equites and Tribunii JErarii, Cic. Verr. ii. 72. Phil. i. 8. Ridl. i. 2. 
— The last were officers chosen from the plebeians, who kept and 
gave out the money for defraying the expenses of the army, Ascon. 
in Cic. — Cic. pro Plcinc. 8. Verr. 69. /Itt. i. 16. Festus. 

Another, by C. Aurelius Cotta, consul, A. U. 678, That those 
who had been tribunes might enjoy other offices, which had been 
prohibited by Sulla, Ascon. in Cic. 

Lex BiEBIA, A. U. 574, about the number of praetors. (See p. 

113.)j Another against bribery, A. IT. 571. Liv. xl. 19. 

Lex CiECILIA DIDIA, or et Didia, or Didia et Cacilia, A. U. 
655, That laws should be promulgated for three market-days, and 
that several distinct things should not be included in the same law, 
which was called ferre per saturam, Cic. Att. ii. 9. Phil. v. 3. pro 
Dom. 20. 

Another against bribery, Cic. pro Sull. 22. 23. 

Another, A. U. 693, about exempting the city and Italy from 

taxes, Dio, xxxvii. 51. 



168 ROMAN ANTIQUITIEvS. 

Lex CALPURNIA, A. U. 604, against extortion, by which law, 
the first qumsiio perpeiua was established, Cic. Vtrr. iv. 25. 0^. ii. 
21. 

Another, called also Acilia, concerning bribery, A. U. 686. 

Cic. pro Mur. 23. Brut. 27. Sail. Cat. 18. 

Lex CANULEIA, by a tribune, A. U. 309, about the intermar- 
riage of the patricians with the plebeians, Jav. iv. 6. 

Lex CASSIA, That those, whom the people condemned, should 
be excluded from the senate, A^xon. in Cic. pro Corn. Another 
about supplying the senate, Tacit, xi. 35. Another, That the peo- 
ple should vote by ballot, &c. See p. 86. 

Lex CASSIA TERENTIA Frumentaria,hyi\\G Consuls C. Cas- 
sius and M. Terentius, A. U. 680, ordaining, as it is thought, that 
five bushels of corn should be given monthly to each of the poorer 
citizens, which was no more than the allowance of slaves, Sallust. 
hist.fragm. (p. 974. ed Cortii,) und that money should be annually 
advanced from the treasury for purchasing 800,000 bushels of wheat, 
(Tritici iMPERATi,) at four sestertii a bushel; and a second tenth 
part [alteras decumas), (see p. 70.) at three sestertii a bushel (pro 
DECUMANO), Cic. VevT. m. 76. v. 21. 

This corn was given to the poor by the Sempronian law, at a st- 
mis and triens a bushel ; and by the Clodian law, gratis. In the 
time of Augustus, we read that 200,000 received corn from the pub- 
lic, Dio. Iv. 10. S^iet. Aug. 40. 42. Julius Caesar reduced them 
from 320,000 to 150,000, Suet. Jul. 41. 

Lex CENTURIATA, the name of every ordinance made by the 
Comitia Centuriata, Cic. in Rull. ii. 11. 

Lex CINCIA de donis et muncribus, hence called MUNERALIS, 
Plant, apud Festum, by Cincius, a tribune, A. U. 549, That no one 
should take money or a present for pleading a cause, Cic. de SenecL 
4. de Orat. ii. 7. Att. i. 20. Tacit. Ann. xi. 5. Liv. xxxiv. 4. 

Lex CLAUDIA de navibus, A. U. 535, That a senator should 
not have a vessel above a certain burden. (See p. 16.) A clause is 
supposed to have been added to this law, prohibiting the quaestor's 
clerks from trading, Suet. Dom. 9. 

Another by Claudius the consul, at the request of the allies, A. U, 
573, That the allies, and those of the Latin name, should leave 
Rome and return to their own cities. According to this law the 
consul made an edict, and a decree of the senate was added. That 
for the future no person should be manumitted, unless both master 
and slave swore that he was not manumitted for the sake of chang- 
ing his city. For the allies used to give their children as slaves to 
any Roman citizen on condition of their being manumitted, {ut Ii- 
hertini cives essent,) Liv. xli. 8. 4" 9. Cic. pro Balb. 23. 

by the Emperor Claudius, That usurers should not lend mo- 
ney to minors, to be paid after the death of their parents, Tacit. Ann. 
xi. 13. supposed to be the same with what was called Senatits- 
coNsuLTUM Macedonianum, Vlpiun. enforced by Vespasian, Suet, 
IL To this crime Horace alludes, Sat, i. 2. v. 14. 



LAWS OF THE ROMANS. 169 

by the consul Marcellus, 703, That no one should be allowed 

to stand candidate for an office while absent ; thus taking from Cae- 
sar the privilege granted him by the Pompeian law ; (Cwsari privi- 
legium eripiens, vel henejicium popuii adimens ;) also, That the free- 
dom of the city should be taken from the colony of the Kovumcomum^ 
which Caesar had planted, Suet. Jul. 28. Cic. Fam. xiii. 35. 

Leges CLODItE, by the tribune P. Clodius, A. U. 695. 

1. That the corn which had been distributed to the people 

for six asses and a triens the bushel, should be given gratis, Cic. pro 
Sext. 25. Ascon. in Cic. See p. 168. 

2. That the censors should not expel from the senate, or in- 
flict any mark of infamy, on any man, who was not first openly accus- 
ed and condemned by their joint sentence, Cic. ibid.- — in Pis. 5. Dio. 
xxxviii. 13. 

3. That no one should take the auspices, or observe the 

heavens, when the people were assembled on public business : and, 
in short, that the ^lian and Fusian law should be abrogated. (See 
p. 84.) Cic. Vat. 6. 7. 9. Sext. 15. 26. Prov. Cons. 19. Ascon. in 
Pis. 4. 

4. That the old companies or fraternities (collegia) of arti- 
ficers in the city, which the senate had abolished, should be restor- 
ed, and new ones instituted, Cic. in Pis. 4. Suet. Jul. 42. 

These laws were intended to pave the way for the following : 

5. That whoever had taken the life of a citizen uncondemned 

and without a trial, should be prohibited from hre and water ; by 
which law Cicero, although not named, was plainly pointed at ; 
Veil, ii. 45. and soon after, by means of a hired mob, his banishment 
was expressly decreed by a second law, Cic. pro Dam.' 18. 19. 20. 
post red. in Sen. 2. 5. &c. 

Cicero had engaged Ninius, a tribune, to oppose these laws, but 
was prevented from using his assistance, by the artful conduct of Clo- 
dius, Dio. xxxviii. 15. and Pompey, on whose protection he had rea- 
son to rely, betrayed him, ibid. 17. Pl'utarch. — Cic. Alt. x. 4. Cae- 
sar, who was then without the walls with his army, ready to set out 
for his province of Gaul, oifered to make him one of his lieutenants ; 
but this, by the advice of Pompey, he declined, Dio. xxxviii. ISt. 
Crassus, although secretly inimical to Cicero, ibid, yet at the per- 
suasion of his son, who was a great admirer of Cicero, Cic. Q.fr. ii. 
9. did not openly oppose him, Cic. Sext. 17. 18. But Clodius de- 
clared that what he did was by the authority of the Triumviri, Cic. 
Sext. 16. 18. and the interposition of the senate and Equites, vfho,io 
the number of 20,000, changed their habit on Cicero's account, Cic, 
post red. ad Quirit. 3. was rendered abortive by means of the con- 
suls, Piso, the father-in-law of Caesar, and Gabinius, the creature of 
Pompey, Cic. Sext. 11. 12. 13. &c. Cicero,^ therefore, after seve- 
ral mean compliances, putting on the habit of a criminal, Dio, 
xxxviii. 14. and even throwing himself at the feet of Pompey, Cic. 
Alt, x. 4. was at last obliged to leave the city, about the end of 

23 



170 ROMAN ANTIQUITIES. 

March, A. U. 695. He was prohibited from coming within 468 
miles of Rome, under pain of death to himself, and to any person 
who entertained him, Cic. Att. iii. 4. Dio. xxxviii. 17. He there- 
fore retired to Thessalonica in Macedonia, Cic, Plane, 41. Red. in 
Senat. 14. His houses at Rome and in the country were burnt, 
and his furniture plundered, ibid 7. pro Dom. 24. Cicero did not 
support his exile with fortitude ; but showed marks of dejection, and 
uttered expressions of gri6f, unworthy of his former character, Dio, 
xxxviii. 18. Cic. Att. iii. 7. 8. 9. 10. 11. 13. 15. 19. &c. He was 
restored with great honour, through the influence of Pompey, by a 
very unanimous decree of the senate, and by a law passed at the Co- 
mitia Centuriat a, 4th August, the next year, Cic. Att. iv. I. post red, 
ad Quir, 7. in Senat. II. Mil. 20. Pis. 15. Dio. xxxix. 8. Had Cicero 
acted with as much dignity and independence, after he reached the 
summit of his ambition, as he did with industry and integrity in as- 
piring to it, he needed not to have owed his safety to any one. 

6. That the kingdom of Cyprus should be taken from Ptole- 
my, and reduced into the form of a province, Cic. pro Dom. 8. Fell. 
ii. 45. the reason of which law was to punish that king for having re- 
fused Clodius money to pay his ransom, when taken by the pirates, 
and to remove Cato out of the way, by appointing him to execute 
this order of the people, that he might not thwart the unjust pro- 
ceedings of the tribune, nor the views of the triumviri, by whom 
Clodius was supported, Cic. pro Sext. 18. 28. Dom. 25. Dio. xxxviii. 
30. xxxix. 22. 

-7. To reward the consuls Piso and Gabinius, who had fa- 
voured Clodius in his measures, the province of Macedonia and 
Greece was by the people given to the former, and Syria to the lat- 
ter, Cic. ibid. 10. 24. in Pis. 16. 

8. Another law was made by Clodius to give relief to the 

private members of corporate towns {municipiorum), against the 
pubhc injuries of their communities, Cic. pro Dom. 30. 

9. Another, to deprive the priest of Cybele, at Pesinus in 

Phrygia, of his ofiice, Cic. Sext. 26. de resp. Harusp. 13. 

Lex COELIA tabellaria perduellionis, by Ccelius, a tribune. See 
p. 86. 

Leges CORNELIiE, enacted by I^. Cornelius Sylla, the dictator, 
A. U. 672. 

1. De proscriptione et proscriptis, against his enemies, and 

in favour of his friends. Sylla first introduced the method of pro- 
scription. Upon his return into the city, after having conquered 
the party of Marius, he wrote down the names of those whom he 
doomed to die, and ordered them to be fixed up on tables in the 
public places of the city, with the promise of a certain reward {duo 
talenta) for the head of each person so proscribed. New lists {iabu- 
l(e proscriptionis) were repeatedly exposed, as new victims occurred 
to his memory, or were suggested to him. The first list contained 
the names of 40 senators, and 1600 ^qmXQ^, Appian. B. Civ. i. 409. 



LAWS OF THE ROMANS. 171 

Incredible numbers were massacred, not only at Rome, but through 
all Italy, Dio. Fragm. 137. Whoever harboured or assisted a pro- 
scribed person was put to death, Cic, in Verr, i. 47. The goods of 
the proscribed person were confiscated, Cic. pro Rose. Jlmer. 43. 
44. in Rull. iii. 3. and their children declared incapable of honours, 
Veil, Pat. ii. 28. Cic. in Pis. 2. The lands and fortunes of the slain 
were divided among the friends of Sylla, Salhist. Cat. 51. who were 
allowed to enjoy preferments before the legal time, Cic. Acad. ii. 1. 

De MuNicipiis, That the free towns which had sided with 

Marius should be deprived of their lands, and the right of citizens ; 
the last of which Cicero says could not be done, {Quia jure Romano 
civitas nemini invito aclimi poterat,) pro Dom, 30. Caecin. 33. 

Sylla being created dictator, with extraordinary powers, by L. 
Valerius Flaccus, the Interrex, in an assembly of the people by cen- 
turies, Appian. B. civ. i. 411. and having there got ratified whatever 
he had done, or should do, by a special law, {sive Valeria, sive 
Cornelia, Cic. pro Rose. Am. 43.) Cic. in Rull. iii. 2. next pro- 
ceeded to regulate the state, and for that purpose made many good 
laws. 

2. Concerning the repubhc, the magistrates, (see p. 98.) the 
provinces, (see p. 42.) the power of the tribunes, (see p. 125.) 
That the judices should be chosen only from the senators : That the 
priests should be elected by their respective colleges. As con. ad Cic. 
Divin. in Verr. 3. 

3. Concerning various crimes : — de Majestate, Cic. in Pis. 21. 
pro Cluent. 35. ad Fam. iii. 11. (see p. 143.) — de Repetundis, Cic. 
pro Rabir. 3. (see p. 113.) — de Sicariis et Veneficis, those who 
killed a person with weapons, or poison ; also, who took away the 
life of another by false accusation, &c. — One, accused by this law, 
was asked whether he chose sentence to be passed on him by voice 
or by ballot ; {palam an clam.) Cic. pro Cluent. 20. — de Incendi- 
ARiis, who fired houses ; — de Parricidis, who killed a parent or 
relation ; de Falso, against those who forged testaments or any other 
deed ; who debased or counterfeited the pubhc coin, {qui in aurum 
vitii quid addidEnnt vel adulterinos nummos fecerint,) &c. Hence 
this law is called by Cicero, Cornelia Testamentaria, nummaria, 
in Verr. i. 42. 

The punishment annexed to these laws was generally, aquce et ig- 
nis interdictio, implying banishment. 

Sylla also made a sumptuary law, liaiiting the expense of enter- 
tainments. Cell. ii. 24. Macrob. Sat. ii. 13. 

There were other leges CORNELIiE, proposed by Cornelius, 
the tribune, A. U. 686 : That the praetors in judging should not va- 
ry from their edicts. (See p. 110.) That the senate should not de- 
cree about absolving any one from the obligation of the laws, with- 
out a quorum of at least two hundred, Ascon. in Cic. pro Cornel. 

Lex CURIA, by Curius Dentatus, when tribune, A. U. 454. 
That the senate should authorize the comiiia for electing plebeian 
magistrates, Aur, Vict. 37. Cic. de Clar. Oral. 11. 



172 ROMAN ANTIQUITIES. 

Legts CURIAT^, made by the people assembled by curios. See 
p. 74. 

Lex DECIA, A. U. 443, That Duumviri navales should be crea- 
ted for equipping and refitting a fleet, Liv, ix. 30. 

Lex DIDIA, sumptuaria, A. U. 610, limiting the expense of en- 
tertainments, and the number of. guests : That the sumptuary laws 
should be extended to all the Italians ; and not only the master of 
the feast, but also the guests, should incur a penalty for their of* 
fence, Macroh. Sat. ii. 13. 

Lex DOMITIA de sacerdotiis, the author, Cn. Domitius Aheno- 
barbus, a tribune, A. U. 650, That priests, (i. e. the pontijicesy 
augures, and decemviri sacris faciendis.) should not be chosen by 
the colleges, as formerly, but by the people, (see p. 91.) Suet. Ner, 
% Cic. Rull. ii. 7. The Pontifex Maximus and Curio Maximus 
were, in the first ages of the republic, always chosen by the people, 
Liv, XXV. 5. xxvii. 8. 

Lex DUILIA, by Duilius, a tribune, A. U. 304, That whoever 
left the people without tribunes, or created a magistrate from whom 
there was no appeal, should be scourged and beheaded, Liv. iii. 35. 

Lex DUILIA MiENIA de unciario fanore, A. U. 396. fixing the 

interest of money at one per cent. Liv, vii. 16. Another, making 

it capital for one to call assemblies of the people at a distance from 
the city, ibid. 

Lex FABIA de plagio vel plagiariis, against kidnapping, or steal- 
ing away and retaining freedmen or slaves, Cic. pro Rabir. perd. 3. 
ad Quinct. Fr. i. 3. The punishment at first was a fine ; but after- 
wards to be sent to the mines ; and for buying or selling a freeborn 
citizen, death. 

Literary thieves, or those who stole the works of others, were 
also called Plagiaru, Martial, i. 53. 

Another, Hmiting the number of Spectatores that attended 

candidates when canvassing for any office. It was proposed, but 
did not pass, Cic. pro Murcen. 34. 

The Spectatores, who always attended candidates, were dis- 
tinguished from the Salutatores, who only waited on them at 
their house in the morning, and then went away ; and from the De- 
DUCTORES, who also went down with them to the Forum and Cam- 
pus Martins ; hence called by Martial, Antambulonis, ii. 81. Cic. 
de pet. cons. See p. 81. 

Lex FALCIDIA testameniaria, A. U. 713, That the testator 
should leave at least the fourth part of his fortune to the person 
whom he named his heir. Paul, ad leg. Faked. — Dio. xlviii. 33. 

Lex FANNIA, A. V. 588, limiting the expenses of one day at 
festivals to 100 asses, whence the law is called by Lucilius Cen- 
tussis ; on ten other days every month, to thirty ; and on all other 
days, to ten asses : also, that no other fowl should be served up, 
{ne quid valucrium vel volucre poneretur,) except one hen, and that 
not fattened for the purpose, (qvcB non aliilis esset,) Gell. ii. 24. Ma- 



LAWS OP THE ROMANS. 173 

crob. Sat. ii. 13. (quod deinde caput translatum, per omnes leges am* 
hulavit.) Fhn.x. 50. s. 71. 

Lex FLAMINIA, A. U. 521. about dividing among the soldiers 
the lands of Picenum, whence the Galli Sendnes had been expell- 
ed ; which afterwards gave occasion to various wars, Polyh. ii. 21. 
Cic. Sen, 4. 

Lex FLA VIA agraria, the author L. Flavius, a tribune, A* U. 
695. for the distribution of lands among Pompey's soldiers ; which 
excited so great commotions, that the tribune, supported by Pom* 
pey, had the hardiness to commit the consul Metellus to prison for 
opposing it, Dio. Cass, xxxvii. 50. Civ. Alt. 1. 18. 19. ii. 1. 

Leges FRUMENTARIiE, laws for the distribution of corn 
among the people, first at a low price, and then gratis ; the chief 
of which were the Sempronian, Apuleian, Cassian, Clodian, and Oc- 
tavian laws. 

Lex FURIA, by Camillus the dictator, A. U. 385, about the crea- 
tion of the curule aediles, Liv. vi. 42. 

Lex FUFIA, A. U. 692, That Clodius should be tried for violating 
the sacred rights of the Bona Dea, by the praetor, with a select 
bench of judges, and not before the people, according to the decree 
of the senate, Cic. ad Att. i. 13. 14. 16. Thus by bribery he pro- 
cured his acquittal, Dio. xxxvii. 46. 

Lex FUIiVlA, A. U. 628. about giving the freedom of the city 
to the Italian allies ; but it did not pass, Appian. de bell. civ. i. 371. 
Val. Max.ix.5. 

Lex FURIA vel Fusia, (for both are the same name, Liv. iii. 4. 
Quinctilian. i. 4. 13.) de testamentis, That no one should leave by 
way of legacy more that 1000 asses, and that he who took more 
should pay fourfold, Cic. in Verr. \. 42. pro Balb. 8. Theophil. ad 
Instit. ii. 22. By the law of the Twelve Tables, one might leave 
what legacies he pleased. 

Lex FURIA ATILIA, A. U. 617, about giving up Mancinus to 
the Numantines, with whom he had made peace, without the order 
of the people or senate, Cic. Off. iii. 30. 

Lex FUSIA de comitiis, A. U. 691, by a prsetor. That in the Co- 
mitia Tributa, the different kinds of people in each tribe should vote 
separately, that thus the sentiments of every rank might be known, 
Dio. xxxviii. 8. 

Lex FUSIA vel Furia CANINIA, A. U. 751, limiting the number 
of slaves to be manumitted, in proportion to the w^hole number 
which any one possessed : from two to ten, the half, from ten to 
thirty, the third, from thirty to a hundred, the fourth part ; but not 
above a hundred, whatever was the number. Vopisc. Tacit. IL 
Paul. Sent. iv. 15. See p. 45. 

Leges GABlNlvE, by A. Gabinius, a tribune, A. U. 685, That 
Pompey should take the command of the war against tl^^e pirates 
with extraordinary powers, {cmyi imperio extraordinario,) Cic. pro 
leg. Manil. 17. Dio. xxxvi. 7. That the senate should attend to the 



174 ROMAN ANTIQUITIES. 

hearing of embassies the whole month of February, Cic, ad Quinci. 
Fr. ii. 2. 13. That the people should give their votes by ballot, 
and not viva voce as formerly, in creating magistrates. (See p. 87.) 
That the people of the provinces should not be allowed to borrow 
money at Rome from one person to pay another, {versuram facer e,) 
Cic. Att. v.21.vi. 2. 

There is another Gabinian law, mentioned by Porcius Latro, in 
his declamation against Catiline, which made it capital to hold clan- 
destine assemblies in the city, c. 19. But this author is thought to 
be supposititious. See Cortius on Sallust. 

It is certain, however, that the Romans were always careful to 
prevent the meetings of any large bodies of men, (hetarice,) which 
they thought might be converted to the purposes of sedition, Plin, 
Ep. X. 43. 94. On this account, Pliny informs Trajan, that accord- 
ing to his directions he had prohibited the assemblies of the Chris- 
tians, Id, 97. 76. 

Lex GELLIA CORNELIA, A. U. 681, confirming the right of 
citizenship to those to whom Pompey, with the advice of his council, 
{de consilii sententia,) had granted it, Cic. pro Balb. 8. 14. 

Lex GENUCIA, A. U. 411, That both consuls might be chosen 
from the plebeians, Liv. vii. 42. That usury should be prohibited : 
That no one should enjoy the same office within ten years, nor be 
invested with two offices in one year. Ibid, 

Lex^ GENUCIA iEMILIA, A. U. 390, about fixing a nail in the 
right side of the temple of Jupiter, Liv. vii. 3. 

Lex GLAUCIA, A. U. 653, granting the right of judging to the 
Equites. Cic. de clar. Orator. 62. — De repetundis. See Lex Ser- 

VILIA. 

Lex GLICIA, de inofficioso testamento. See p. 6L 

Lea HIERONICA, velfrumentaria, Cic. Verr. ii. 13. containing 
the conditions on which the public lands of the Roman people in 
Sicily were possessed by the husbandmen. It had been prescribed 
by Hiero, tyrant of Syracuse, to his tenants, {iis qui agros regis co- 
lerent,) and was retained by the Prsetor Riipilius, with the advice 
of his council, among the laws which he gave to the Sicilians, when 
that country was reduced into the form of a province, Cic. Verr. iii. 
8. 10. It resembled the regulations of the censors, (Leges Censo- 
Ri^,) in their leases and bargains, (in locaiionibus et paciionibus,) 
and settled the manner of collecting and ascertaining the quantity of 
the tithes, Cic. Verr. v. 28. . 

Lex HIRTIA, A. U. 704, That the adherents of Pompey, {Pom- 
peiani) should be excluded from preferments, Cic. Phil. xiii. 16. 

Lex HORATIA, about rewarding Caia Tarratia, a vestal virgin, 
because she had given in a present to the Roman people, the Cam- 
pus Tiburtinus, or Martins ■: That she should be admitted to give 
e\\di(incQjJ;estabilis csset), be discharged from her priesthood (exau- 
gurari posset), and might marry, if she chose, Gell, vi. 7. 

Lex HORTENSIA, That the nundincB or market-days, which 



LAWS OF THE ROMANS. 175 

used to be held as f erics or holidays, should be fasti or court days : 
That the country people, who came to town for market, might then 
get their lawsuits determined, {lites componerent,) Macrob. Sat. i. 16. 

Lex HORTENSIA, de phbiscitis. See p. 29. 91. 157. 

Lex HOSTILIA, defuriis, about theft, is mentioned only by Jus- 
tinian, Instil, iv. 10. 

Lex ICILIA, de tribunis, A. U. 261, That no one should contra- 
dict or interrupt a tribune, {interfari tribuno,) while speaking to the 
people, Dionys. vii. 17. 

Another, A. U. 267, de Aventino publicando, That the Aven- 

tine hill should be common for the people to build upon. Id. x. 32. 
Liv. iii. 13. It was a condition in the creation of the decemviri^ 
that this law, and those relating to the tribunes, (LEGES SACRA- 
TJE,) should not be abrogated, Liv. iii. 32. 

Lex JULIA, de civitale sociis et Laiinis danda ; the author L. 
Julius Caesar, A. U. 663, That the freedom of the city should be 
given to the Latins and all the Italian allies, who chose to accept of 
it, {qui ei legi fundi fieri vellent,) Cic. pro Balb. 8. Gell. iv. 4. See 
p. 41. 67. 

Leges JULIiE, laws made by Juhus Csesar and Augustus : 

1. By C Julius Csesar, in his first consulship, A. U. 694, 

and afterwards when dictator : 

Lex JULIA Agraria, for distributing the lands of Campania and 
Stella, to 20,000 poor citizens, who had each three children or more, 
Cic. pro Plane. 5. Att. ii. 16. 18. 19. Fell. ii. 44. Dio. xxxviii. 
1. cf.7. 

When Bibulus, Caesar's colleague in the consulate, gave his nega- 
tive to this law, he was driven from the Forum by force. And next 
day having complained in the senate, but not being supported, he 
was so discouraged, that during his continuance in office for eight 
months, he shut himself up at home, without doing any thing, but 
interposing by his edicts, {ut, quoad potesfate abiret, domo abditus 
nihil aliud quam per edicta ohnuntiaret,) Suet. Jul. 20. Dio. xxxviii. 
6. by which means, while he wished to raise odium against his col- 
league, he increased his power, Veil. ii. 44. Metellus Celer, Cato, 
and his great admirer {cemulator) M. Favonius, at first refused to 
swear to this law ; but constrained by the severity of the punishment 
annexed to it, which Appian says was capital, de Bell. Civil, ii. 434. 
they at last complied, Dio. xxxviii. 7. Plutarch, in Cato. Minor, 
This custom of obliging all citizens, particularly senators, within a 
limited time, to signify their approbation of a law by swearing to 
support it, at first introduced in the time of Marius, (See Leges Ap- 
puleii£,) was now observed with respect to every ordinance of the 
people, however violent and absurd, Dio. xxxviii. 7. Cic. Sext. 28. 

de PuBLicANis teriid parte pecunicB debitce relevandis, about 

remitting to the farmers-general a third part of what they had stipu- 
lated to pay. Suet. ibid. Cic. pro Plane. 14. Dio. ibid. Appian. B. 
Civ. ii. 435. See p. 32. When Cato opposed this law with his 



176 ROMAN ANTIQUITIES. 

usual firmness, Caesar ordered him to be hurried away to prison ; 
but fearing lest such violence should raise odium against him, he 
desired one of the tribunes to interpose and free him, Plutarch, in 

CcBS. 

Dio says that this happened when Cato opposed the former law 
in the senate, xxxviii. 3. So Suet. C(bs. 20. GelL iv. 10. When 
many of the senators followed Cato, one of them, named M. Petre- 
ius, being reproved by Caesar for going away before the house was 
dismissed, replied, " I had rather be with Cato in prison, than here 
with Caesar," ibid. See p. 24. 

For the ratification of all Pompey's acts in Asia. This 

law was chiefly opposed by Lucullus ; but Caesar so frightened him 
with threatening to bring him to an account for his conduct in Asia 
that he promised compliance on his knees. Suet. ibid. 

de Provinciis ordinandis ; an improvement on the Cor- 

nelian law about the provinces ; ordaining that those who had been 
praetors, should not command a province above one year, and those 
who had been consuls, not above two years, Cic. Phil. 1. 8. Dio. 
xliii. 25. Also ordering that Achaia, Thessaly, Athens, and all 
Greece, should be free and use their own law^s, Cic. in Pis. 16. 

de Sacerdotiis, restoring the Domitian law% and permit- 
ting persons to be elected priests in their absence, Cic. ad Brut, 5. 

JuDiciARiA, ordering the judices to be chosen only from 

the senators and equites, and not from the tribuni cerarii, Suet. Jul. 
41. Cic. Phil. i. 9. 

de Repetundis, very severe (acerrirna) against extortion. 

It is said to have contained above 100 heads, Cic. Fam. viii. 7. in 
Pis. 16. 21. 37. Scxt. 64. pro Rabir. Posth. 4. Vatin. 12. ad Attic. 
v. 10. (^ 16. Suet. Jul. 43. 

de Legationibus liberis, limiting their duration to five 

years^ (see p. 29.) Cic. Att. xv. 11. They were called libercz qudd, 
ciim velis, introire, exire liceat, ibid. 

c/e Vi PUBLicA et PRiVATA, et de majestate, Cic. Phil. 

i. 8. 9. 

— de Pecuniis mutuis, about borrowed money. See p. 50. 

Dio. xli. 37. xlii. 51. C(Bs. B. C. iii. 1. 20. 42. 

. c?e MoDo PEcuNi^ possiDENDiE, that no one should keep by 

him in specie above a certain sum, (lx sestertia,) Dio. xli. 38. Tacit. 
Annal. vi. 16. 

About the population of Italy, That no Roman citizen should 

remain abroad above three years, unless in the army, or in public 
business ; that at least a third of those employed in pasturage should 
be free-born citizens : Also about increasing the punishment of 
crimes, dissolving all corporations or societies, except the ancient 
ones, granting the freedom of the city to physicians, and professors 
of the liberal arts, ^c. Suet. 42. 

de Residuis, about bringing those to account who retained 

any part of the public money in their hands, Marnan. I 4. § 3. ad 
leg. Jul. 



LAWS OF THE ROMANS. 17T 

de LiBERis PKoscRiPTORUM, That the children of those pro- 
scribed by Sylla should be admitted to enjoy preferments, Suet. JuL 
41. which Cicero, when consul, had opposed, Cic. in Pis. 2. 

SuiMPTUARiA, Suet. Jul. 42. Cic. ad Alt. xiii. 7. Fam. vii. 26. 

ix. 15. It allowed 200 HS. on the dies profcsli ; 300 on the ka- 
lends, nones, ides, and some other festivals ; 1000 at marriage-feasts, 
{nuptiis et repotiis,) and such extraordinary entertainments. GelHus 
ascribes this law to Augustus, ii. 24. but it seems to have been 
enacted by both, Dio. liv. 2. By an edict of Augustus or Tiberius, 
the allowance for an entertainment was raised in proportion to its 
solemnity, from 300 to 2000 Hs. Gell. ibid. 

de venejiciis, about poisoning. Suet. Ner. 33. 

2. The Leges JULIiE made by Augustus v/ere chiefly : 

Concerning marriage, {de maritandis ordinihiis, Suet. Aug. 

34. hence called by Horace lex marita, Carm, Secul. v. 68.) Liv, 
Epit. 59. Suet. 89. 

de Adulteriis, et de pudicitia^ Plin. Ep. vi. 31. — de ambitu, 

Suet. 34. against forestalling the market, (nequis contra annonamfe- 
ceritj societatemve coierit, quo annona carior fiat, Ulpian.) 

de TuTORiBus, That guardians should be appointed for or- 
phans in the provinces, as at Rome, by the Atilian law, Justin. Inst, 
de Atil. tut. 

Lex JULIA THEATRALis, That those equites, who themselves, 
their fathers, or grandfathers, had the fortune of an eques, should sit 
in the fourteen rows assigned by the Roscian law to that order, Suet, 
Aug. 40. Plin. xxxiii. 2. s. 8. 

There are several other laws called Leges Julice, which occur on- 
ly in the Corpus Juris. 

Julius C^-sar proposed revising all the laws, and reducing them 
to a certain form. But this, with many other noble designs of that 
wonderful man, was prevented by his detith, Suet. Jul. 44. 

Leo: JUNIA, by M. Junius Pennus, a tribune, A. U. 627, about 
expelling foreigners from the city. See p. 73. Against extortion, 
ordaining, that besides the litis cestimatio, or paying an estimate of 
the damages, the person convicted of this crime should suffer ba- 
nishment, Paterc. ii. 8. Cic. pro Balb. 11. 

Another, by M. Junius Silanus, i\\Q consul, A. U. 644. about 

diminishing the number of campaigns which soldiers should serve, 
Ascon. in Cic. pro Cornel. 

Lex JUNIA LICINIA, or Junia et Licinia, A. U. 691. enforcing 
the Didian law by severer penalties, Cic. Phil. v. 3. pro Sext. 64. 
Vatin. 14. Att. iv. 16. ii. 9. 

Lex JUNIA NORBANA, A. U. 771. concerning the manumis- 
sion of slaves. See p. 45. 

Ijcx LABIENA, a. U. 691, abrogating the law of Sylla, and re- 
storing the Domitian law in the election of priests ; which paved 
the way for Caesar^s being created Pontifex Maximus, Dio, xxxvii. 

23 



178 ROMAN ANTIQUITIES. 

37, By this law, two of the colleges named the candidates, and the 
people chose which of them they pleased, Cic. Phil. ii. 2. 

Lex AMPLA LABIENA, by two tribunes, A. U. 663. That at 
the Circensian games, Pompey should wear a golden crown, and 
his triumphal robes ; and in the theatre, the prcetexia and a golden 
crown ; which mark of distinction he used only once. Paterc. ii. 40. 

Lex LiETORIA, A. U. 292. That the plebeian magistrates 
should be created at the Comilia Tributa, lAv. ii. 56. 57. 

Another, A. U. 490. against the defrauding of minors, (con- 
tra adolescentium circumscripiionem,) Cic. Off. iii. 15. By this law 
the years of minority were limited to twenty-five, and no one below 
that age could make a legal bargain, {stipulari,) Plaut. Rud. v. 3. 
25. whence it is called Ltx Quina vicennaria, Plaut. Pseud, i. 3, 
68. 

Leges LICINI^, by P. Licinius Varus, a city praetor, A. U. 545. 
fixing the day for the ludi Apollinares^ which before was uncertain, 
Liv. xxvii. 23. 

by C. Licinius Crassus, a tribune, A. U. 608. That the 

choice of priests should be transferred from their college to the peo- 
ple ; but it did not pass, Cic. de JJmic. 25. 

This Licinius Crassus, according to Cicero, first introduced the 
custom of turning his face to the Forum, w^hen he spoke to the peo- 
ple, and not to the senate, as formerly, •{primum instituit in forum 
versus agere cum populo,) ibid. But Plutarch says this was first done 
by Caius Gracchus, Pint, in Gracch, 

by C. Licinius Stolo, A. U. 377. That no one should pos- 
sess above 500 acres of land, Liv. vi. 35. nor keep more than 100 
head of great, or five hundred head of small cattle, Jippian. de Bell. 
Civ. i. But Licinius himself was soon after punished for violating 
his own law, Liv. vii. 16. 

by Crassus the orator, similar to the iEbutian law, Cic. pro 

Dom. 20. 

Lex LICINIA, de sodalitiis ei de ambitu, A. U. 698. against bri- 
bery, and assembling societies or companies for the purpose of can- 
vassing for an office, Cic. pro Plane. 15. 16. In atrial for this crime, 
and for it only, the accuser was allowed to name (edere) the jury- 
men (judices) from the people in general, (ex omni populo,) ibid. 17. 

Lex LICINIA sumptuaria, by the consuls P. Licinius Crassus the 
Rich, and Cn. Lentulus, A. U. 656. much the same with the Fan- 
nian law : That on ordinary days there should not be more served 
up at table than three pounds of fresh, and one pound of salt meat, 
[salsamentorum ;) but as much of the fruits of the ground as every 
one pleased, Macrob. ii. 13. Gell. ii. 24. 

Lex LICINIA CASSIA, A. U. 422. That the legionary tribunes 
should not be chosen that year by the people, but by the consuls and 
praetors, Liv. xlii. 31. 

Lex LICINIA SEXTA, A. U. 377. about debt. That what had 
been paid for the interest (qtwd usuris pernumeralum esset) should 



LAWS OF THE ROMANS. 179 

be deducted from the capital, and the remainder paid in three years 
by equal portions, Liv, vi. 35. That instead of Duumviri for per- 
forming sacred rites, Decemviri should be chosen, part from the 
patricians, and part from the plebeians, Liv.x'i. 11. That one of 
the consuls should be created from the plebeians, ibid. vi. 35. See 
p. 106. 

Lex LICINIA JUNIA, or Junia et Licinia, by the two consuls, 
A. U. 691. enforcing the lex Cicilia Didia, Cic in Vat. 14. whence 
both laws are often joined, Cic. Phil. v. 3. pro Sext. 64. Jltt. ii. 9, 
iv. 16. 

Lex LICINIA MUSIA, A. U. 658. That no one should pass 
for a citizen w^ho was not so, Cic. Off. iii. 11. pro Balb. 21. 24. 
which was one principal cause of the Italic or Marsic wars, Ascon. 
in Cic. pro Cornel. 

Leges LIVIiE, proposed by M. Livius DRUSUS, a tribune, A. 
U. 662, about transplanting colonies to different places in Italy and 
Sicily, and granting corn to poor citizens at a low price ; and also 
that the judices should be chosen indifferently from the senators and 
cquites, and that the allied states of Italy should be admitted to the 
freedom of the city. 

Drusus was a man of great eloquence, and of the most upright in- 
tentions ; but endeavouring to reconcile those, \vhose interests were 
diametrically opposite, he w^as crushed in the attempt ; being mur- 
dered by an anknown assassin at his own house, upon his return 
from the Forum, amidst a number of clients and friends. No in- 
quiry was made about his death. The states of Italy considered 
this event as a signal of revolt, and endeavoured to extort by force 
what they could not obtain voluntarily. Above 300,000 men fell in 
the contest in the space of two years. At last the Romans, although 
upon the w^hole they had the advantage, were obliged to grant the 
freedom of the city, first to their allies, and afterwards to all the 
states of Italy, Appian. de Bell. Civ. i. 373. i^c. Veil. Pat. ii. 15. Liv. 
Epit. 71. Cic. Brut. 28. 49. 62. pro Rabir. 7. Plane. 14. Dom. 19. 

This Drusus is also said to have got a law passed for mixing an 
eighth part of brass with silver, Plin. xxxiii. 33. 

But the laws of Drusus (leges Livice,) as Cicero says, were soon 
abolished by a short decree of the senate, (uno versiculo senatus 
puncto temporis sublatcB sunt, Cic. de legg. ii. 6. Decrevit enim sena- 
tus Philippo cos, referente, Contra auspicia latas videri.) 

Drusus was grandfather to Livia, the wife of Augustus, and mo- 
ther of Tiberius. 

Lex LUTATIA, de vi, by Q. Lutatius Catulus, A. U. 675. 
That a person might be tried for violence on any day, Cic. pro Ccel. 
i. 29. festivals not excepted, on which no trials used to be held, Cic. 
Act. in Verr. 10. 

Lex MiENIA, by a tribune, A. U. 467. That the senate should 
ratify whatever the people enacted, Cic. in Brut. 14. See p. 29. 

Lex MAJESTATIS, for punishing any crime against the people, 



im ROMAN ANTIQUITIES. 

and afterwards against the emperor, Cornelia, ^c* Cic. in Pis. 31 
Tacit. Ann. iv. 34. 

Lex M AMI LI A, de limit ibus vel de regundis Jinibus agrorum, foi' 
regulating the bounds of farms ; whence the author of it, C. Mami* 
lius, a tribune, A. U. 642. got the surname of Limitanus. It or-* 
dained. That there should be an uncultivated space of five feet broad 
left between farms ; and if any dispute happened about this matter, 
that arbiters should be appointed by the praetor to determine it 
The law of the Twelve Tables required three, Cic. de tegg. i. 21. 

Another, by the same person, for punishing those who had 

received bribes from Jugurtha, Sail. Jug. 40. 

Lex MANILIA, for conferring on Pompey the command of the 
war against Mithridates, proposed by the tribune C. Manilius, A. U. 
687. and supported by Cicero when praetor, de leg. Manil. and by 
Cffisar, from diffeient views ; but neither of them was actuated by 
laudable motives, Dio. xxxvi. 26. 

Another by the same. That freed men might vote in all the 

tribes, Cic. pro Mur. 23. whereas formerly they voted in some one 
of the four city tribes only. (See p. 90.) But this law did not 
pass, Ascon. in Cic. pro Cornel. 

Leges MANILIANiE venalium vendendorum, not properly laws, 
but regulations ta be observed in buying and selling, to prevent 
fraud, Cic. de Oral. i. 5. 58. called by Varro ACTIONES, de Re 
Rust. u. 5. 11. They were composed by the lawyer Manilius, who 
was consul, A. U. 603. 

The formalities of buying and selling, were by the Romans used 
in their most solemn transactions ; as, in emancipation and adoption^ 
marriage and testaments, in transferring property, &c. 

Lex MANLIA, by a tribune, A. U.'558. about creating the TVi- 
itm-ciri Epulones, Liv. xxxiii. 42. Cic. de Orat. iii. 19. 

de VicKSiMA, by a consul, A. U. 396. Liv. vii. 16. See p. 65. 

Lex MARCIA, by Marcius Sensorinus, that no one should be 
made a censor a second time, Plutarch, in Coriol. 

de Statiellatibus vel Statiellis, that the senate upon oath 

should appoint a person to enquire into, and redress the injuries of 
the Statielli or -ates, a nation of Liguria, Liv. xlii. 21. 

Lex MARIA, by C. Marius, when tribune, A. U. 634. about mak- 
ing the entrances to the Ovilia (pontes) narrower, Cic. de h's^g. iii. 17. 
Lex MARIA PORCIA, by two tribunes, A. U. 691. that those 
commanders should be punished, who, in order to obtain a triumph, 
wrote to the senate a false account of the number of the enemy 
slain in battle, or of the citizens that were missing : and that, when 
they returned to the city, they should swear before the city quaes- 
tors to the truth of the account which they had sent, Valer. Max. 
ii. 8. 1. 

Lex MEMMIA vel REMMIA ; by whom it was proposed, or in 
what year, is uncertain. It ordained. That an accusation should 
not be admitted against those who were absent on account of the 



LAWS OF THE ROMANS. 181 

public, Valer, Max. iii. 7. 9. Suet. Jul. 23. And if any one was 
convicted of false accusation {calumnm,) that he should be branded 
on the forehead with a letter, Cic. pro Rose. Am. 19. 20. probably 
with the letter K, as anciently the name of this crime was written 
Kalumma. 

Lex MENENIA, A. U. 302. That in imposing fines, a sheep 
should be estimated at ten asses, and an ox at one hundred, Festus 
in Peculatus. 

Lex MEN^sIA, That a child should be held as a foreigner, if ei- 
ther of the parents was so. But if both parents were Romans and 
married, children always obtained the rank of the father, ( patrem 
sequuntur liberi, Liv. iv. 4.) and if unmarried, of the mother, Ulpian. 

Lex METILIA by a tribune, A. U. 516. That Minucius, mas- 
ter of horse, should have equal command with Fabius the dictator, 
Liv. xxii. 25. 26. 

— — Another, as it is thought by a tribune, A. U. 535. giving di- 
rectors to fullers of cloth ; proposed to the people at the desire of 
the censors, {quarti C. Flaminius L. ^milius censores dedere adpO' 
pulum fcrendam.) Plin. xxxv. 17. s. 57. 

4. Another, by Metellus Nepos, a praetor, A. U. 694. about 

freeing Rome and Italy from taxes, (tjXtj, vectigalia,) Dio. xxxvii. 
51. probably those paid for goods imported, (portorium,) Cic. Att. 
ii. 16. 

Leges MILITARES, regulations for the army. By one of these 
it was provided, That if a soldier was by chance enlisted into a le- 
gion, commanded by a tribune, whom he could prove to be inimical 
to him, he might go from that legion to another, Cic. pro Flacco. 32 

Lex MINUCIA, de triumviris mensariis, by a tribune, A. U. 537. 
about appointing bankers to receive the public money, Liv. xxxiii. 21. 

Leges NUMiE, laws of king Numa, mentioned by different au- 
thors : That the gods should be worshipped with corn and a salted 
cake, (fruge et salsa mold,) Piin. 18. 2. That whoever knowingly 
killed a free man, should be held as a parricide, Festus in Qu^sto- 
RES Parricidii I That no harlot should touch the altar of Juno ; 
and if she did, that she should sacrifice a ewe lamb to that goddess 
with dishevelled hair. Id. in Pellices, Cell. iv. 3. That whoever 
removed a landmark should be put to death, {qui terminum exar- 
asset, et ipsum et boves sacros esse,) Fest. in Termino : That wine 
should not be poured on a funeral pile, Plin. xiv. 12. &c. 

Lex OCT AVI A frumentaria, by a tribune, A. U. 633. abrogat- 
ing the Sempronian law, Cic. in Brut. 62. and ordaining, as it is 
thought, that corn should not be given at so low a price to the peo- 
ple. It is greatly commended by Cicero, Off. ii. 21. 

Lex OGULNIA, by two tribunes, A. U. 453. That the number of 
the pontijices should be increased to eight, and of the augurs to nine ; 
and that four of the former, and five of the latter, should be chosen 
from the plebeians, Liv. x. 6. 9. 

Lex OPPIA, by a tribune, A. U. 540. That no woman should 



182 ROMAN ANTIQUITIES. 

have in her dress above half an ounce of gold, nor wear a garment 
of different colours, nor ride in a carriage in the city, or in any 
town, or w^ithin a mile of it, unless upon occasion of a public sacri- 
fice, Liv, xxxiv. I. Tacit. Ann. iii. 33. 

Lecc OPTIMA, a law was so called which conferred the most 
complete authority, Festus in voce, as that was called optimum jus 
which bestowed complete property. 

Lex ORCHIA, by a tribune, A. U. 566. limiting the number of 
guests at an entertainment, Fest. in Opsonitavere, Macroh. Sat. ii. 13. 

Lex OVINIA, That the censors should choose the most worthy 
of all ranks into the senate, Festus in Pr^eteriti Senatores. 
Those, who had borne offices, were commonly first chosen ; and 
that all these might be admitted, sometimes more than the limited 
number were elected, Dio. xxxvii. 46. 

Lex PAPIA, by a tribune, A. U. 688. that foreigners should be 
expelled from Rome, and the allies of the Latin name forced to re- 
turn to their cities, Cic. Off. iii. \\. pro Balb. 23. Arch. 5. Att, iv. 
J6. Dio. xxxvii. 9. 

Lex PAPIA POPPiE A, about the manner of choosing (capienda) 
vestal virgins, Gcll. i. 12. The author of it, and the times when it 
passed, are uncertain. 

Lex PAPIA POPPiEA, de maritandis ordinibus, proposed by the 
consuls Papius and Poppseus at the desire of Augustus, A. U. 762. 
enforcing and enlarging the Julian law. Tacit. Ann. iii. 25. 28. The 
end of it was to promote population, and repair the desolation oc- 
casioned by the civil wars. It met with great opposition from the 
nobility, and consisted of several distinct particulars, (Lex Satura.) 
It proposed certain rewards to marriage, and penalties against ce- 
libacy, which had always been much discouraged in the Roman 
state, Fal. Max. ii. 9. Liv. xlv. 15. Epit. 59. Suet. Aug. 34. & 89. 
Dio. Ivi. 3. 4. Gell. i. 6. v. 19. and yet greatly prevailed, ibid. <^ 
Plin. xiv. procRtn. Senec. consol ad Marc. 19. for reasons enumerated, 
Plant. Mil. iii, 185. 111. &c. Whoever in this city had three chil- 
dren, in the other parts of Italy four, and in the provinces five, was 
entitled to certain privileges and immunities. Hence the famous 
JUS TRIUM LIBERORUM, so often mentioned by Pliny, Mar- 
tial, &c. which used to be granted also to those who had no children, 
first by the senate, and afterwards by the emperor, Plin. Ep. ii. 13. 
X. 2, 96. Martial, ii. x. 91. 92. not only to men, but likewise to wo- 
men, Dio. Iv. 2. Suet. Claud. 19. Plin. Epist. ii. 13. vii. 16. x. 2. 95. 
96. The privileges of having three children were, an exemption 
from the trouble of guardianship, a priority in bearing oflSces, Plin. 
Ep. viii. 16. and a treble proportion of corn. Those who lived in 
celibacy, could not succeed to an inheritance, except of their near- 
est relations, unless they married within 100 days after the death of 
the testator : nor receive an entire legacy, (legatum omne, vel soli- 
dum capere.) And what they were thus deprived of, in certain cases 
fell as an escheat (caducum) to the exchequer {fisco) or prince's 
private purse, Juvenal, ix. 88. &c. 



LAWS OF THE ROMANS. 183 

Lex PAPIRIA, by a tribune, A. U. 563. diminishing the weight 
of the as one half, Plin, xxxiii. 3. 

by a praetor, A. U. 421. granting the freedom of the city 

without the right of voting to the people of Acerra, Liv. viii. 17. 

by a tribune, the year uncertain. That no edifice, land, or 

altar should be consecrated without the order of the people, Cic. pro 
Dom, 49. 

A. U. 325. about estimating fines, Liv. iv. 30. probably the 

same with Lex Menenia. 

That no one should molest another without cause, Fest, in 

Sacramentum. 

by a tribune, A. U. 623. That tablets should be used in pass- 
ing laws, Cic. de legg. iii. 16. 

by a tribune, A. U. 623. That the people might re-elect the 

same person tribune as often as they chose ; but it was rejected, 
Cic. de Amic. 25. Liv. Epit. 59. 

Instead of Papirius^ they anciently wrote Papisius, Cic. Fam. ix. 
21. So Valesius for Valerius, Auselius for Aurelius, &c. Varro. de 
Lat. ling. i. 6. Festus. Quinctil. i. 4. Ap. Claudius is said to have 
invented the letter R, probably from his first using it in these words., 
D. i. 2. 2. 36. 

Lex PEDIA, by Pedius the consul, A. U. 710. decreeing banish- 
ment against the murderers of Caesar, Veil. Pat. ii. 69. 

Lex PEDUCiEA, by a tribune, A. U. 640. against incest, Cic. de 
Mt. Deor. iii. 30. 

Lex PERSOLONIA, or Pisulania, That if a quadruped did any 
hurt, the owner should either repair the damage, or give up the 
beast, Paull. Sent, i. 

Lex PJETELIA de ambitti, by a tribune, A. U. 397. That candi- 
dates should not go round to fairs and other public meetings, for the 
sake of canvassing, Liv. vii. 15. 

de Nexis, by the consuls, A. U. 429. That no one should be 

kept in fetters or in bonds, but for a crime that deserved it, and that 
only till he suffered the punishment due by law : That creditors 
should have a right to attach the goods, and not the persons of their 
debtors, Liv. viii. 28. 

de Peculatu, by a tribune, A. U. 566. That inquiry should 

be made about the money taken or exacted from King Antiochus 
and his subjects, and how much of it had not been brought into the 
public treasury, Liv. xxxviii. 54. 

Lex PETREIA, by a tribune, A. U. 668. That mutinous soldiers 
should be decimated, i. e. That every tenth man should be selected 
by lot for punishment, Appian de Bell. Civ. ii. p. 457. 

Lex PETRONIA, by a consul, A. U. 813. prohibiting masters 
from compelling their slaves to fight with wild beasts, Modestin. ad 
leg. Cornel, de sicar. 

Lex PINARIA ANNALIS, by a tribune, A. U. 622, What it 
was is uncertain, Cic. de Oral. ii. 65. 



184 ROMAN ANTIQUITIES. 

Ltx PLAUTIA vel PLOTIA, by a tribune, A. U. 664. That the 
judices should be chosen both from the senators and equites ; and 
some also from the plebeians. By this law each tribe chose annu- 
ally fifteen {qidnos dtnos sujfragio creahani,) to be judices for that 
year, in all 525. 8ome read quinos cruabanl ; thu^ making them the 
same with the Centumviri, Ascon. in Cic. pro Cornel. 

PLOTIA de vi, against violence. Cic. pro Mil. 13. Fam. 

viii. 8. 

Lex POMPEIA de vi, by Pompey, when sole consul, A. U. 701. 
That an inquiry should be made about the murder of Clodius and 
the Appian way, the burning the senate-house, and the attack made 
on the house of M. Lepidus the interrex, Cic. pro Mil. et Ascon. 

de Ambitu, against bribery and corruption in elections, with 

the infliction of new and severer punishments, ibid. Dio. xxxix. 37. 
xl. 52. 

By these laws the method of trial was altered, and the length of 
them limited : Three days were allowed for the examination of wit- 
nesses, and the fourth for the sentence ; on which the accuser was 
to have two hours only to enforce the charge ; the criminal three 
for his defence, ibid. This regulation was considered as a restraint 
on eloquence, Dialog, de orator. 38. 

Lex POMPEIA, judiciaria, by the same person ; retaining the 
Aurelian law, but ordaining, That the judices should be chosen 
from those of the highest foitune, {ex amplissimo censu,) in the dif- 
ferent orders, Cic. in Pis. 39. Phil. i. 8. Ascon. in Cic. — Quam in 
judice etforiuna speclari deheret, et dignitas, Cic. Phil. i. 20. 

de CoMiTiis, That no one should be allowed to stand candi- 
date for an oflice in his absence. In this law Julius Caesar was ex- 
pressly excepted. Suet. Jul. 28. Dio. xl. 66. Appian. de Bell. Civ. 
ii. p. 442. Cic. Alt. viii. 3. Phil. ii. 10. 

de repelundis, Appian. B. Civ. ii. 441. — De parricidis, 1. i. 

The regulations which Pompey prescribed to the Bithynians, were 
also called Lex POMPEIA, Pirn. Epist. x. 83. 113. 115. 

Lex POMPEIA de. civitate, by Cn. Pompeius Strabo, the consul, 
A. U. 665. granting the freedom of the city to the Italians, and the 
Gain Cispadani, PJin. iii. 20. 

Lex POPILIA, about choosing the vestal virgins, Gell. I. 12. 

Lex PORCIA, by P. Porcius Lseca, a tribune, A. U. 454. That 
no one should bind, scourge, or kill a Roman citizen, Liv. x. 9. Cic. 
pro Rabir. perd. 3. 4. Verr. v. 63. Sallust. Cat. 51. 

Lex PUBLICIA, vel Publicia dt lusu, against playing for money 
at any game, but what required strength, as, shooting, running, leap- 
ing, &LC. I. 3, D. de aleat. 

Lex PlIBLILIA. See p. 29. 92. 

Lex PUPIA, by a tribune. That the senate should not be held on 
comitial days, Cic. ad fratr. ii. 2. 13. and that in the month of Fe- 
bruary, their first attention should be paid to the hearing of embas- 
sies, Cic. Fam. i. 4. 



LAWS OF THE ROMANS, 185 

htx QUINCTIA, A. U. 745. about the punishment of those who 
hurt or spoiled the aquseducts or public reservoirs of water, Fronting 
de a'juceduct. 

Lex REGIA, conferring supreme power on Augustus. See p. 33, 

Lex REMMIA ; see lex MEMMIA. 

Lpges RICGIiE, laws made by the kings, Cic, Tusc, qumst, iii. 1. 
which are said to have been collected by Papirius, or, as it was an- 
ciently written, Papisius, Cic. Fam. ix. 2L soon after th« expulsion 
of Tarquin, Dionys, iii. 36. whence they w^ere called jus civile PA- 
PIRIANUM ; and some of them, no doubt, were copied into the 
Twelve Tables. 

Lex RHODIA, containing the regulations of the Rhodians con- 
cerning naval affairs, (which Cicero greatly commei^ds, pro leg, 
Manil. 18. and Strabo, lib. 14.) supposed to have been adopted by 
the Romans. But this is certain only with respect to one clause, de 
jactu, about throwing goods overboard in a storm. 

Leges de REPETUNDIS ; Jcilia, Calpurnia^ Ccecilia, Cornelia^ 
Julia, Junia, Pompeia, Senilia, 

Lex ROSCIA t/ieatralis, determining the fortune of the cquites^ 
and appointing them certain seats in the theatre, (see p, 34.) Cic. 
pro MurcBu. 19. Juvenal, xiv. 323. Liv. EpiL 99.. MarL v. 8. Dio, 
xxxvi. 25. By this law, a certain place in the theatre was assigned 
to spendthrifts, (decoctoribus,) Cic. Phil. ii. 18. . The passing of this 
law occasioned great tumults, which were allayed by the eloquence 
of Cicero the consul, Cic. JllL \u L Plut. in Cic. to which Virgil ig 
supposed to allude, ^n, i. 125. 

Lex RUPILIA, or more properly decretum, containing the regu- 
lations prescribed to the Sicilians by the Praetor Rupilius, with the 
advice of ten ambassadors, Cic. Verr. ii. 13. 15. according to a de- 
cree of the senate. Id. 16. 

Leores SACRATiE : Various laws were called by that name, 
chiefly those concerning the tribunes, made on the Mans Sacer, Cic 
pro Cornel, because the person who violated them was consecrated 
to some god, Festus. Cic. de Offic. iii. 31. pro Balb. 14. 15. Legg, ii. 
7. Liv. ii. 8. 33. 54. iii. 55. xxxix. 5. There was also a Lex sacrata 
MiLiTARis, That the name of no soldier should be erased from the 
muster-roll without his own consent, Liv. vii. 4L So among the 
iEqui and Volsci, Liv. iv. 26. the Tuscans, ix. 39. the Ligures^ Liv* 
xxxvi. 3. and particularly the Sarijnites, ix. 33. among whom, those 
were called Sacrati milites, who were enlisted by a certain oath, 
and with particular solemnities, x. 48. 

Lex SATURA, was a law consisting of several distinct particu- 
lars of a different nature, which ought to have been enacted sepa- 
rately, Festus. 

Lex SC ATINIA, vel Scanlinia de nefanda venere, by a tribune, the 
year uncertain, against illicit amours, Cic, Fam. viii, 14. Phil. iii. 6, 
Juvenal, ii. 43. The punishment at first was a heavy fine, QuinctiL 
iv. 2. viL 4. Sxet, DomiL 8. but it was afterwards made capital 

24 



186 ROMAN ANTIQUITIES. 

Lex SCRIBONIA, by a tribune, A. U. 601. about restoring the 
Lusitani to freedom, Liv. Epit. 49. Cic. in Brut. 23. 

Another, de se.rvilulum usucapionihuf;, by a consul under Au- 
gustus, A. U. 719. That the right of servitudes should not be ac- 
quired by prescription, /. 4. D. de Us map. which seems to have been 
the case in the time of Cicero, pro Ccecin. "26. 

Leges SEMPRONIiE, laws proposed by the Gracchi, Cic. Phil. 
1.7. 

1. TIB. GRACCHI Agraria, by Tib. Gracchus, A. U. 620. 
That no one should possess more than 500 acres of land ; and that 
three commissioners should be appointed to divide among the poorer 
people what any one had above that extent, Liv. Epit. 58. Plut. in 
Gracch. p. 837. Appian. de Bell. Civ. i. 355. 

de CiviTATE Italis danda, That the freedom of the state 

should be given to all the Italians, Paterc. ii. 2. 3. 

de H^.reditate attali. That the money which Attains had 

left to the Roman people, should be divided among those citizens, 
who got lands, to purchase the instruments of husbandry, Liv, Epit, 
58. Plut. in Gracch. 

These laws excited great commotions, and brought destruction on 
the author of them. Of course they were not put in execution, 
ibid. 

2. C. GRACCHI Frumentaria, A. U. 628. That corn should 
be given to the poor at a Iriens and a semis, or at |H of an as, a mo- 
dius, or peck ; and that money should be advanced from the public 
treasury to purchase corn for that purpose. The granaries in which 
this corn was kept, were called Horrea Semproma, Cic. pro Sext, 
48. Tuscul. QucBst. iii. 20. Brut. 62. Off. ii. 21. Liv. Epit. 58. 60. 

JsTote. A triens and semis are put for a dextans, because the Ro- 
mans had not a coin of the value of a dcxtans. 

de Provincus, That the provinces should be appointed for 

the consuls every year, before their election, Cic. de Prov. Cons. 2. 
pro Bulb. 27. Dam. 9. Fam. i. 7. 

de Capite tiviuM, That sentence should not be passed on the 

life of a Roman citizen without the order of the people, Cic. pro Ra- 
hir. 4. Verr. v. 63. in Cat. iv. 5. 

de Magistratibus, That whoever was deprived of his office 

by the people, should ever after be incapable of enjoying any other, 
Plutarch, in Gracch. 

JuDiciARiA, That the judices should be chosen from the 

equites, and not from the senators as formerly, Appian. de Bell, Civ, 
I 363. Dio. xxxvi. 88. Cic. Verr. i. 13. 

Against corruption in the judices, (Nequis judicio circum- 

VENiRETUR,) Cic, pro Cluent, 55. Sylla afterwards included this in 
his law de /also, 

de Centurus evocandis. That it should be determined by 

lot in what order the centuries should vote, Sallust. ad Coss, de Rep. 
Ord. See p. 85. 



LAWS OF THE ROMANS, 187 

-de Mi LIT I BUS, That clothes should be afforded to soldiers by 

the public, and that no deduction should be made on that account 
from their pay ; also, That no one should be forced to enlist below 
the age of seventeen, Plutarch, in Gracch. 

de Viis MUMENDis, about paving and measuring the public 

roads, making bridges, placing milestones, and, at smaller distances, 
stones to help travellers to mount their horses, ibid, for it appears 
the ancient Romans did not use stirrups ; and there were wooden 
horses placed in the Campus Martins, where the youth might be 
trained to mount and dismount readily, Ve^et. i. 18. Thus Virgil, 
Corpora saltu suhjiciunt in eqiios, Mn. xii. 288. 

Caius Gracchus first introduced the custom of walking or moving 
about, while haranguing the people, and of exposing the right arm 
bare, Dio. Fragm. xxxiv. 90. which the ancient Romans, as the 
Greeks, used to keep within their robe, {vcste continere,) Quinctil. 
xi. 3. 138. 

Lex SEMPRONIA defoenore, by a tribune, long before the time 
of the Gracchi, A. U. 560. That the interest of money should be 
regulated by the same laws among the allies and Latins as among 
Roman citizens. The cause of this law was to check the fraud of 
usurers, who lent their money in the name of the allies, (in socios 
noniina tra'nscrihebant,) at higher interest than was allowed at Rome, 
Liv. XXXV. 7. 

Lex XERVILIA Agraria, by P. Servilius Rullus, a tribune, A. 
U. 690. Thit ten commissioners should be created with absolute 
power for five years, over all the revenues of the republic ; to buy 
and sell what lands they thought fit, at what price, and from whom 
they chose ; to distribute them at pleasure to the citizens ; to settle 
new colonies wherever they judged proper, and particularly in Cam- 
pania, &c. But this law w^as prevented from being passed by the 
eloquence of Cicero the consul, Cic. in RulL — in Pis. 2. 

de. CivrrATE, by C. Servilius Glaucia, a praetor, A. U. 653. 

That if any of the Latin allies accused a Roman senator, and got 
him condemned, he should obtain the same place among the citizens 
which the criminal had held, Cic. pro Balh, 24. 

:/e Re PET UNO IS, by the same person, ordaining severer pe- 
nalties than formerly against extortion, and that the defendant should 
have a second hearing, {ut reus comperendinaretur,) Cic. Verr. i. 9. 
Rabir. Post hum. 4. 

SERV'ILIA JuDiciARiA, by Q. Servilius Ccepio, A. U. 647. 

That the right of judging, which had been exercised by the equites 
alone for seventeen years, according to the Semproniaa law, should 
be shared between the senators and equiles, Cic. Brut. 43. 44. 86. 
de Orat. ii. 55. Tacit. Annal. xii. 60. 

Lex SICINIA, by a tribune, A. U. 662.^ That no one should 
contradict or interrupt a tribune while speaking to the people, Di' 
onys. vii. 17. 

Lex SI LI A, by a tribune, about weights and measures. Festus, in 

PCBLICA PONDERA. 



18S ROMAN ANTIQUITIES. 

Lex SILVANI et CARBONIS, by two tribune?, A. IJ. 664. That 
tvhoever was admitted as a citizen by any of the confederate states^ 
if he had a house in Italy when the law was passed, and gave in his 
name to the praetor, (apud pratorem prnfileretur.) within sixty daySj 
he should enjoy all the rights of a Roman citizen, Cic. pro Arch. 4. 

Lex SULPICIA SEMPRONIA, by the consuls, A. U. 449. That 
no one should dedicate a temple or altar without the order of the 
eenate, or a majority of the tribunes, Liv. ix. 46. 

Lex SULPICIA, by a consul, A. U. 553. ordaining war to be 
proclaimed on Philip king of Macedon, Liv. xxxi. 6. 

Leges SULPICliS de cere alieno, by the tribune Serv. SulpiciuSy 
A. U. 665. That no senator should contract debt above 2000 dena- 
rii : That the exiles wlio had not been allowed a trial, should be re- 
called : That the Italian allies, who had obtained the right of citi- 
zens, and had been formed into eight new tribes, should be distri* 
buted through the thirty-five old tribes : Also, that the manumitted 
slaves {cives liberlini) who used formerly to vote only in the four 
city tribes, might vote in all the tribes: that the command of the 
war against Mithridates should be taken from 8ylla, and given to 
Marius, Plutarch, in Sylla ct Mario ; Liv, Epii. 77. Ascoti, in Cic, 
Pat ere. ii. 18. 

But these laws were soon abrogated by Sylla, who, returning to 
Rome with his army from Campania, forced Marius and Sulpicius, 
with their adherents, to f]y from the city, Sulpicius, being betray- 
ed by a slave, was brought back and slain ; Sylla rewarded the 
slave with his liberty, according to promise ; but immediately after 
ordered him to be thrown from the Tarpeian rock for betraying his 
master, ibid. 

Leges SUMPTUARI^ ; Orchia, Fannia, Didia, Licinia, Cor- 
nelia, .Emilia, Antia, Julia. 

Leges TABELLARI^, four in number. See p. 86. 

Lex TALARIA, against playing at dice at entertainments, (?// ne 
legi fraudem faciam talaria, th^l I may not break, &c.) Plant. MiL 
Glor. ii. 2. 9. 

Lea: TERENTI A et Cassia /rwme??/cfnV/. ^ee Lex Cassia. 

Lex TERENTILIA, by a tribune, A. U. 291. about limiting the 
powers of the consuls. It did not pass ; but after great contentions 
gave cause to the creation of the decemviri, Liv. iii, 9. 10. &c. 

Leges TESTAMENTARItE, Cornelia, Furia, Voconia. 

Lex THORlA de Vectigalihm, by a tribune, A. U. 646. That 
no one should pay any rent to the people for the public lands in 
Italy which he possessed, {agrnm pvblicwm vcctigali levuvil,) Cic, 
Brut. 36. It also contained certain regulations about pastlirage, de 
Oral. ii. 70. But Appian gives a diffeient account of this law, de 
Bell. Civ. i. p. 366. 

Lex TITIA de qucr.siorihis, by a tribune, as some think, A. U. 
448. about doubling the number of quaestors, and that they should 
determine their provinces by lot, Cic. pro Miircsn. 8. 



i 



LAWS OF THE ROMANS. 1S9 

' de MuNERiBu?, against receiving money or presents for 
pleading, Anson. Epi^r, 89. Tacit. Annal. xi. 13. where some read 
instead of Cinciam, Ttliam. 

AGRAiuA, what it was is not known, Cic. de Orat. ii. 11. de 

leg(r. ii. 6. 12. 

de. Lusu, similar to the Publician law. 

de TuTDRiBL's, A. U. 72*2, tho same with the Julian law, and, 

as some think, one and the same law, Juslin. Instil, de Attil. Tvt. 

Lex TREBONIA, by a tribune, A. U. 698. assigning provinces 
to the consuls for five years ; Spain to Pompey ; Syria and the Par- 
thian war to Crassus ; and prolonging Caesar's command in Gaul for 
an e.]ual time, Dio, xxxix. 33. Calo, for opposing this law, w^as 
led to prison, Liv. Epit. 104. According to Dio, he was only 
dragged from the assembly, xxxix. 34. 

de Triruvis, a. U. 305.' Liv. iii. 64. 62. See p. 120. 

Lf-x TRIBUNITIA, either a law proposed by a tribune, Cic. in 
RuU. ii. 8. Liv. iii. 56. or the law restoring their power, Cic, Actio 
prim, in Varr. 16. 

Lex TRIUMPHALIS, that no one should triumph, who had not 
killed r)000 of the enemy in one battle, Valer, Max. ii. 8. 

Lex TULLIA de. Ambitu, by Cicero, when consul, A. U. 690. 
adding to the former punishments against bribery, banishment for 
ten years, Dio. xxxvii, 29. — and. That no one should exhibit shows 
of gladiators, for two years before he stood candidate for an office, 
unless that task was imposed on him by the testament of a friend, 
Cic. Vat. 15. Sext. 64. Mar, 32. 34. (kc." 

de Legatiove Liulra, limiting the continuance of it to a 

year, Cic. de Legg. iii. 8. 

Lex VALERIA de provocntione. See p. 100. 

de Form I a MS, A. U. 56'2, about giving the people of For- 

mise the right of voting, Liv. xxxviii. 36. 

de Sulla, by L. Valerius Flaccus, interrex, A. U. 671. cre- 
ating Sulla dictator, and ratifying all his acts, which Cicero calls the 
most unjust of all laws, Cic. pro Bull. iii. 2. S. Rose. 43. de Legg, 
i. 15. 

de Quadrants, by L. Valerius Flaccus, consul, A. U. 667. 

That debtors should be discharged, on paymg one-fourth of their 
debts, Palerc. ii. 23. See p. 50. 

Lex VALERIA HORATIA de tributis Comitiis, See p. 29. De 
tribunisy against hurting a tribune, Liv. iii. 55. 

Lex VARIA, by a tribune, A. U. 662. That inquiry should be 
made about those, by whose means or advice the Italian allies had 
taken up arms against the Roman people, Cic. Brut. 56. 89. Tusc, 
QucBsf. ii. 24. Fa/er. Max. v. 2. 

Lex VATINIA de frovimciis. See p. 103. 

— de alternis consiliis rejiciendis. That in a trial for extortion, 
both the defendant and accuser might for once reject all the judices 
or jury ; whereas, formerly they could reject only a few, whose 



190 ROMAN ANTIQUITIES, 

places the prsetor supplied by a new choice, {suhsortiiione,) Cic. in 
Vat. 11. 

de CoLONi*?, That Caesar should plant a colony at Xovocu' 

mum in Cisalpine Gaul, Suet. Jul. "IS. 

Leges DEVI, Plotia, Lufalia, et Julia. 

Lex VIARIA, dt viis wuniendis, by C. Curio, a tribune, A. U, 
703. somewhat similar to the Jlgrariau law of Rullus, Cic. Fam. viii. 
6. By this law there seems to have been a tax imposed on car- 
riages and horses, nd Attic, vi. 1. 

Lex VILLIA ANNALIS. See p. 97. 

Lfix' VOCONIA, de HMREDirATWivs muliervm^hy a tribune. A* 
U. 384. That no one should make a woman his heir ; (Nk quis Hffi- 

REUEJI VIRGIN EM NKQUE MULIEKEM FACERET,) ClC. F ftr, \. 42. UOr 

leave to any one by way of legacy more than to his heir or heirs, c, 
43. de Senect. ,5. Balb. 8. But this law is supposed to have refer- 
red chiefly to those who were rich, {qui essent censi, i. e. pecuniosi 
vel classici, those of the first class, ..'Jscon. in Cic. Cell. vii. 13.) to 
prevent the extinction of opulent families. 

Various arts w^ere used to elude this law. Sometimes one left his 
fortune in trust to a friend, who should give it to a daughter or other 
female relation ; but his friend could not be forced to do so unless he 
inclined, Cic. de fin. ii. 17. The law itself, however, like many 
others, on account of its severity, fell into disuse, Gell, xx. 1. 

These are almost all the Roman laws mentioned in the classics. 
Augustus, having become sole master of the empire, Tucil. Ann. i. 2. 
continued at first to enact laws in the ancient form, which were so 
many vestiges of expiring liberty, {vestigia morienlis libertalis,) as 
Tacitus calls them : but he afterwards, by the advice of Mecaenas, 
Dio. lii. gradually introduced the custom of giving the force of laws 
to the decrees of the senate, and even to his own edicts. Tacit. AnnaL 
iii. 28. His successors improved upon this example. The ancient 
manner of passing laws came entirely to be dropped. The decrees 
of the senate, indeed, for form's sake, continued for a considerable 
time to be published ; but at last these also were laid aside, and 
every thing was done according to the will of the prince. 

The emperors ordained laws — 1. By their answers to the appli- 
cations made to them at home, or from the provinces, {per RE- 
SCRIPTA nd LIBELI.OS supplices pistolas, vel preces.) 

2. By their decrees in judgment or sentences in court, (per 

DECRETA,) which were either Interlocutoky, i. e. such as re- 
lated to any incidental point of law which might occur in the pro- 
cess; or. Definitive, ?. e. such as determined upon the merits of 
the case itself, and the whole question. 

3. By their occasional ordinances, {per EDICTA vel CON- 

STITUTIONES,) and by their instructions (per MANDATA,) to 
their lieutenants and officers. 

These constitutions were either ^enfro/, respecting the public at 
large ; or special f relating to one person only, and therefore properly 



LAWS OF THE ROMANS. 191 

called PRIVILEGI A, privileges ; Plin. Ep, x. 56. 57 but in a sense 
different from tlmt in which it was used under the republic. See p. 
32. 

The three great sources, therefore, of Roman jurisprudence were 
the laws, (LEGKS,) properly so called, the decrees of the senate, 
(SENATUS CONSULTA,) and the edicts of the prince, (CON- 
STITUTIONKS PR1NCIPALE8.) To these may be added the 
edicts of the magistrates, chiefly the praetors, called JUS HONO- 
RARIUxM, (sec p. liO.) the opinions of learned lawyers, (AUCTO- 
RITAS vd RESPONSA PRUDENTUM, vd Juru consultorum, 
Cic. pro Muraen. 13, Caecin. 24.) and custom or lonsr usage, (CON- 
SUETUDO vd MOS MAJORUM, GelL xi. 18.) 

The titles and heads of laws, as the titles and beg'nnings of books, 
(Ovid. Trist. i. 7. Mariial. iii. 2.) used to be written with vermillion 
{rubrlcd vel minio :) Hence RUBRIC A is put for the Civil law ; thus, 
Rubrica velavit, the laws have forbidden, Pers, v. 90. Alii se ad Al- 
bum (i. e.jus prcetorium, quia pnetores edicta sua in albo propone' 
bant,) ac ruhricas (i. e. jus civile) transtulerunt, Quinctil. xii. 3. 11. 
Hence Juvenal, Perlege rubras mujorum leges. Sat. xiv. 193. 

The Constitutions of the emperors were collected by different 
lawyers. The chief of these were Gregory and Hermogenes, who 
flourished under Constantine. Their collections were called CO- 
DEX GREGORIANUS and CODEX HERMOGENIANUS. But 
these books were composed only by private persons. The first col- 
lection made by public authority, was that of the Emperor Theodo- 
sius the younger, published A. U. 438. and called CODEX THEO- 
DOSIANUS. But it only contained the imperial constitutions 
from Constantine to his own time^ for little more than an hundred 
years. 

It was the emperor JUSTINIAN that first reduced the Roman 
law into a certain order. For this purpose, he employed the assist- 
ance of the most eminent lawyers in the empire, at the head of whom 
was TRIBONIAN. 

Justinian first published a collection of the imperial constitutions, 
A. U. 529, called CODEX JUSTINIANUS. 

Then he ordered a collection to be made of every thing that was 
useful in the writings of the lawyers before his time, which are said 
to have amounted to 20UO volumes. This work was executed by 
Tribonian and sixteen associates in three years, although they had 
been allowed ten years to finish it. It was published, A. D. 533. 
under the title of Digests or Pandects, (PANDECT^E vd DIGES- 
TA.) It is sometimes called, in the singular, the Digest or Pandect, 

The same year were published the elements or first principles of 
the Roman law, composed by three men, Tribonian, Theophilus, and 
Dorothea, and called the Institutes, (INSTITUTA.) This book 
was published before the Pandects, although it was composed after 
them. 

As the first code did not appear sufficiently complete, and con- 



192 ROMAN ANTIQUITIES. 

tained several things inconsistent with the Pandects^ Tribonian and 
other four men were employed to correct it. A nno code therefore 
was published, xvi. Kal. Dec, A. D. 534, called CODEX REPETI- 
TiE PRiELECTONIS, and the former code declared to be of no 
further authority. Thus in six years was completed what is called 
CORPUS JURIS, the body of Roman law. ^ 

But when new questions arose, not contained in any of the above- 
mentioned books, new decisions became necessary to supply what 
was wanting, or correct what was erroneous. These were after- 
wards published under the title of Novels, (NOVELLiE sc. consti- 
iutiones,) not only by Justinian, but also by some* of the succeeding 
emperors. So that the Corpus Juris Romani Civilis is made up of 
these books, the Institutes, Pandects or Digests, Code, Qnd.N'oveis, 

The Institutes are divided into four books, each book into several 
titles or chapters, and each title into paragraphs (§) of which the 
first is not numbered ; thus, Inst. lib. i. tif. x.priricip. or more short- 
ly, I. 1. 10. pr. So, Inst. I i. tit. X. §. 2. or, I. 1. 10. 2. 

The Pandects are divided into fifty books ; each book into several 
titles : each title into several laws, which are distinguished by num- 
bers ; and sometimes one law into beginning [princ. for principium) 
^nd paragraphs ^ thus, D. I. 1. 5. i. e. Digest, Jirst book, Jirsi title, 
fifth, law. If the law is divided into paragraphs, a fourth number 
must be added ; thus, D. 48. 5. 13. pr. or 48. 5. 13. 3. Sometimes 
the first word of the law, not the number, is cited. The Pandects 
are often marked by a double/; thus, ff. 

The Code is cited in the same manner as the Pandects, by Book^ 
Title, and Law : The Novels by their number, the chapters of that 
number, and the paragraphs, if any ; as, Nov. 115. c. 3. 

The Justinian code of law was universally received through the 
Roman world. It flourished in the east until the taking of Con- 
stantinople by the Turks, A. D. 1453. In the west, it was in a 
great measure suppressed by the irruption of the barbarous nations ; 
till it was revived in Italy, in the twelfth century, by IRNERIUS, 
who had studied at Constantinople, and opened a school at Bologna 
under the auspices of Frederick I. Emperor of Germany. He was 
attended by an incredible number of students from all parts, who 
propagated the knowledge of the Roman civil law through most 
countries of Europe ; where it still continues to be of great autho- 
rity in courts of justice, and seems to promise, at least in point of 
legislation, the fulfilment of the famous prediction of the ancient 
Romans, concerning the eternity of their empire.* 

JUDICIAL PROCEEDINGS of the ROMANS. 

The Judicial Proceedings (JUDICIA) of the Romans were either 
Private or PubliCf or, as we express it, Civil or Criminal : (Omnia 

* The decisions of the Courts in Great Britain, and in the United States, seem to 
be constantly approximating to the principles of the Roman Civil Law, In AdoiiraJ- 
*y cases, it is the chief guide of the judges. 



JUDICIAL PROCEEDINGS, &a 193 

judiciu aut distrahendarum conlroversiarum aut pwtundurum maiefi' 
ciorum causa reperta sunt,) Cic pro Caecin. 2. 

1. {JUDICIA PRIVATE,) CIVIL TRIALS. 

JUDICIA PRIFATA, or Civil trials, were concerning private 
causes, or differences between private persons, Cic, de Oral. i. 38. 
Top. 17. In these at first the kings presided, Dionys, x. 1. then 
the consuls. Id. & Liv. ii. 27. the military tribunes, and decemviri, 
Id. iii. 33. but after A. U. 389, the Prsetor Urbanus and Peregrimts. 
See p. 108. 

The judicial power of the Presto?' Urbanus and Peregrinus was 
properly called JURISDICTIO, (quce posita erat in edicto et ex 
edicto decretis ;) and of the praetors who presided at criminal trials, 
QUtESTIO, Cic. Verr. i. 40. 41. 46. 47. &c. ii. 48, v. 14. Murm^i. 
20. Place. 3. Tacit. Agric. 6. 

The praetor might be applied to (adiri poterat, copiam vel po- 
TESTATEM sui faciebat) on all court days {diebus fastis) ; but on 
certain days, he attended only to petitions or requests (postula- 
TiONiBus vacabat) ; so the consuls, Plin. Ep. vii. 33. and on others, 
to the examination of causes, (coGi\iTioNiBus,) Plin. Ep. vii. 33. 

On court-days, early in the morning, the prg3tor went to the Fo- 
rum, and there being seated on his tribunal, ordered an Accensus to 
call out to the people around, that it was the third hour ; and that 
whoever had any cause, (qui LEGE AGERE vellet,) might bring 
it before him. But this could only be done b}^ a certain form. 

I. VOCATiO in JUS^ or Summoning to Court. 

If a person had a quarrel with any one, he first tried to make it 
up, (litem componere vel dijudicare) in private, (intra parietes^ Cic. 
pro P. Quinct 5. II. per disceptatores domesticos vel opera amico- 
rum, Caecin. 2.) 

If the matter could not be settled in this manner, Liv. iv. 9. the 
plaintiff (ACTOR vd PETITOR) ordered his adversary to go with 
him before the praetor, (in jus vocabat,) by saying, Lv jus voco te : 
In jus eamus : In jus veni : Sequere ad tribunal: In jus ambu- 
LA, or the like, Ter. Phorm. v. 7. 43. and 88. If he refused, the 
prosecutor took some one present to witness, by saying Licet an- 
TESTARi ? May I take you to witness ? If the person consented, he 
offered the tip of his ear, {auriculam opponebat,) which the prosecu- 
tor touched, Horat. Sat. i. 9. v. 76. Plant. Curcul. v. 2. See p. 59. 
Then the plaintiff might drag the defendant (rewn) to court by force 
(in jus rapere,) in any way, even by the neck, (obtorio collo,) Cic. et 
Plant. Paen. iii. 5. 45. according to the law of the Twelve Tabled ; 
SI CALViTUR (moratur) pedemve struit, (fagit \elfugam adornat,) 
MANUM ENDO JACITO, (injicito,) Fcstus. But worthless persons, as 
thieves, robbers, &c. might be dragged before a judge without this 
formality, Plant. Pers. iv, 9. r. 10. 

By the law of the Twelve Tables, none were excused from appear- 

25 



194 ROMAN ANTIQUITIES. 

ing in court ; not even the aged, the sickly, and infirm. If they could 
not walk, they were furnished with an open carriage, {jumentum, i. e. 
plaustrum vel vectabulum,) Gell. xx. 1. Cic. de legg. ii. 23. Horat. 
Sat. i. 9. 76. But afterwards this was altered, and various persons 
were exempted ; as magistrates, Liv. xlv. 37. those absent on ac- 
count of the state, Fal: Maxim, iii. 7. 9. &c. also matrons. Id. ii. 1. 
5. boys and girls under age, D. de in jus vocand. &c. 

It was likewise unlawful to force any person to court from his own 
house, because a man's house was esteemed his sanctuary, {tutissi- 
mum refugium et receptaculum.) But if any one lurked at home to 
elude a prosecution, (si fraudationis causa latitaret, Cic. Quint. 19.) 
he was summoned (evocabatur) three times, with an interval of ten 
days between each summons, by the voice of a herald, or by letters, 
or by the edict of the praetor ; and if he still did not appear, (se non 
sisteret,) the prosecutor was put in possession of his effects, (m boyia 
ejus mittebatur.) Ibid. 

If the person cited found security, he was let go ; (Si ensiet) si 
autem sit, (sc. aliquis,) Qui in jus vocatum vindicit, {vindicaverit, 
shall be surety for his appearance,) mittito, let him go. 

If he made up the matterby the way, (endo via,) the process was 
dropped. Hence may be explained the words of our Saviour, 
Maith. V. 25. Luke xii. 58. 

II. POSTULATIO ACTIONIS, Requesting a Writ, and 
giving Bail. 

If no private agreement could be made, both parties went before 
the praetor. Then the plaintiff" proposed the action (ACTIONEM 
EDEBAT, vel dicam scribebat, Cic. Verr. ii. 15.) which he intend- 
ed to bring against the defendant (quam in reum intendere vel- 
LET,) Plant. Pers. iv. 9. and demanded a writ, (ACTIONEM POS- 
TULABAT,) from the praetor for that purpose. For there were 
certain forms, (Formulje) or set words (verba concepta) necessa- 
ry to be used in every cause, (Formula de omnibus rebus con- 
stitute,) Cic. Rose. Com. 8. At the same time the defendant re- 
quested, that an advocate or lawyer should be assigned him, to assist 
with his counsel. 

There were several actions competent for the same thing. The 
prosecutor chose which he pleased, and the praetor usually granted 
it; (actionem vel judicium dabat vel reddebat,) Cic. pro Cvecin. 
3. Quint. 22. Ferr. ii. 12. 27. but he might also refuse it, ibid, et ad 
Herenn. ii. 13. 

The plaintiff* having obtained a writ from the praetor, offered it to 
the defendant, or dictated to him the words. This writ it was un- 
lawful to change, {mutare formulam non licebat,) Senec. de Ep. 117. 
The greatest caution was requisite in drawing up the writ, {in ac- 
iione \e\ formula concipiendO, ^) for, if there was a mistake in one 
word, the whole cause was lost, Cic. de invent, ii. 19. Herenn. i. 2. 
Quinctil. iii. 8. vii. 3. 17. Qui plus peiebat^ quam debitum est, cau- 



JUDICIAL PROCEEDINGS, &c. 195 

sam perdebatf Cic. pro Q. Rose. 4. vel formula excidehat, i. e. causa 
cadebat, Suet. Claud. 14. Hence scribere vel subscribere di- 
CAM alicui vel impingere, to bring an action against one, Cic. Verr, 
ii. 15, Ter. Phorm. ii. 3. 92. or cum aliquo judicium subscribere, 
Plin. Ep. V. 1. EI formulam intendere, Suet, Vit. 7. But Dicam 
vel dicas soriiri, i. e. judices dare sortione, qui causam cognoscant, to 
appoint jWic 65 to judge of causes, Cic. ibid. 15. 17. 

A person skilled only in framing w^rits and the like, is called by Ci- 
cero LEGULEIUS, proeco actionum cantor formularum, auceps syU 
labarum, Cic. de Orat. i. 55. and by Quinctilian, Formularius, xii. 
3. 11. 

He attended on the advocates to suggest to them the lavs^s and 
forms ; as those called Pragmatici did among the Greeks, ibid, and 
as agents do among ys. 

Then the plaintiff required, that the defendant should give bail for 
his appearance in court (VADES, qui sponderent eum adfuturum,) 
on a certain day, which was usually the third day after, {tertio die 
vel perendi,) Cic. pro Quinct. 7. Mureen. 12. Gell. vii. 1. and thus 
he was said VADARl REUM (Vades ideo dicti, quod, qui eos dede- 
rit, vadendi, id est, discedendi habet potestatem, Cic. Quinct. 6. 

This was also done in a set form prescribed by a lawyer, who 
was said Vadimoniujvi concipere, Cic. ad Fratr. ii. 15. 

The defendant was said VADES DARE, vel VADIMONIUM 
PROMITTERE. If he did not find bail, he was obliged to go to pri- 
son, Plaut. Pers. ii. 4. v. 18. The prsetor sometimes put off the hear- 
ing of the cause to a more distant day, (vadimonia differebat,) Liv, 
Epit. 86. Juvenal, iii. 213. But the parties (I>,itigatores) chiefly 
were said vadimonium differre cum aliquo, to put off the day of 
the trial, Cic. Att. ii. 7. Fam. ii. 8. Quinct. 14. 16. Res esse in va- 
dimonium ca,pit, began to be litigated, ibid. 

In the meantime the defendant sometimes made up {rem compo- 
nebat et Irayisigebat, compromised,) the matter privately with the 
plaintiff, and the action was dropped, Plin. Ep. v. 1. In which 
case the plaintiff was said, decidisse, vel pactionem fecisse cum reo, 
judicio reum absohisse vel liberdsse, lite contestatd vel judieio con- 
stituto, after the lawsuit was begun ; and the defendant, litem redi- 
misse ; after receiving security from the plaintiff, {cum sibi cavisset 
vel satis ab actore accepisset,) that no further 'demands were to be 
made upon him, (amplius a se neminem petiturum,) Cic. Quint, 
11. 12. If a person was unable or unwilling to carry on a lawsuit, 
he was said non posse vel nolle prosequi, vel experiri, sc. jus \gI 
jure, \e\jure summo, ib. 7. &c. 

When the day came, if either party, when cited, was not present, 
without a valid excuse, {sine morbo vel causa sontica,) he lost his 
cause, Horat. Sat. i. 9. v. 36. If the defendant was absent, he was 
said DESERERE VADIMONIUM, and the praetor put the plain- 
tiffin possession of his effects, Cic. pro Quint. 6. & 20. 

If the defendant was present, he was said VADIMONIUM SIS- 



196 ROMAN ANTIQUITIES. 

TERE vd oRiRE. When cited, he said, Ubi tu es. Qui me va- 

DATUS ES ? Ubi tu es, qui me CITASTI ? ECCE ME TIBI SISTO, TU 

CONTRA ET TE MiHi sisTE. The plaintiff answered, Adsum, Plant. 
CurcuL i. 3. 5. Then the defendant said. Quid ais : The plaintiff 
said AIO fundum, quem possides, meum esse ; vel AIO te Mim 
DARE, facere, oportere, OP the like, Cic. Mur. 12. This was called 
INTENTIO ACTIONIS, and varied according to the nature of 
the action. 

III. DIFFERENT KINDS of ACTIONS. 

Actions were either Re.al, Personal^ or Mixt. 

1. A real action (ACTIO IN REM,) was for obtaining a thing 
to which one had a real right {jus in re,) but which was possessed 
by another, {pe7' quara rem nosiram, quae ah alio possidetur, petimus, 
Ulpian.) 

2. A personal action, (ACTIO IN PERSONAM,) was against a 
person, to bind him to do or give something, v/hich he was bound 
to do or give, by reason of a contract ; or for some wrong done by 
bim to the plaintiff. 

3. A mixt action was both for the thing, and for certain personal 
pretensions. 

I. Real Actions. 

Actions for a thing, or real actions, were either CIVIL, arising 
from some law, Cic. in Caicil. 5. de Oral. I 2. or TRiETORIAN, 
depending on the edicts of the prsetor."^" 

ACTIONES PRiETORI/E, were remedies granted by the prce- 
tor for rendering an equitable right effectual, for which there was 
no adequate remedy granted by statute or common law. 

A civil action for a thing {actio civilis vel legitima in rem,) was 
called VINDICATIO ; and the person v/ho instituted it, v index. 
But this action cculd not be brought, unless it was previously ascer- 
tained v.'ho ought to be the possessor. If this was contested, it 
was called I^is vindiciarum, Ctc. Verr. i. 45. and the praetor deter- 
mined the matter by an interdict,^ Czc. Ccecin. 8. 14. 

If the question was about a slave, the person who claimed the 
possession of him, laying hands on the slave, {manum ei injiciens,) 
before the praetor, sard, Hung hominem ex jure quiritium meum 
USSE AIO, ejus que vindicias, (i. e. possessionem,) mihi dari pos- 
tulo. To which Plautus alludes, Rud. iv. 3. 86. If the other was 
silent, or yielded his right, {jure cedebat,) the praator adjudged the 

* Actions, according to the laws of England, and our laws, are of three kinds, per- 
sonal, real, and mixed. Personal actions are such whereby a man ciaims a debt or 
personal duty, or damages in lieu thereof: and likewise, whereby a man claims a 
satisfaction in damages for some injury done to his person or property. Heal actions 
are such wliRreby the plaintiff claims title to leave any lands or tenements, rents, or 
other hereditaments, in fee simple, fee tail, or for term of life. Mixed actions are 
suits partaking of {he najure of the other two, wherein some real property is de- 
manded, and also personal damages for a wrong sustained. 3 Bl. Com. 117. 118. 



JUDICIAL PROCEEDINGS, &c, 197 

slave to the pierson who claimed him, {servum addicebat vindicanti,) 
that is, he decreed to him the possession, till it was determined who 
should be the proprietor, {ad exitum judicii.) But if the other person 
also claimed possession, (si vindicias sibi coyiservari postularet^) then 
the praetor pronounced an interdict, (interdicebat,) Qui nec vi, nec 

CLAM, NEC PRECARIO POSSIDET, EI VlNDlCIAS DABO. 

The laying on of hands .(MANUS INJECTIO) was the usual 
mode of claiming the property of any person, Liv, iii. 43. to which 
frequent allusion is made in the classics, Ovid. Epist. Her. viii. 16. 
xii. 158. Amor. i. 4. 40. ii. 5. 30. Fast. iv. 90. Virg. Mn. x. 419. 
Cic, Ros. Com. 16. Plin. Epist. x. 19. In vera bona non est manus 
injectio ; Animo non potest injici mamis^ i. e. vis fieri, Seneca. 

In disputes of this kind {in litibus vindiciarnm), the presumption 
always was in favour of the possessor, according to the law of the 
Twelve Tables, Si qui in jure manum cow se runt, i. e. apud judi- 
cem disceptant, secundum eum qui possidet, vindicias da to, 
Gell. XX. 10. 

But in an action concerning liberty, the praetor always decreed 
possession in favour of freedom, (vindicias dedit secundum libertO' 
tern,) and Appius the decemvir^ by doing the contrary, (decernendo 
vindicias secundum servitutem vel ab libertate in servitutem contra 
leges vindicias dando, by decreeing that Virginia should be given up 
into the hands of M. Claudius, his client, who claimed her, and not 
to her father, who was present,) brought destruction on himself and 
his colleagues, Liv. iii. 47. 56. 58. 

Whoever claimed a slave to be free, (vindex, qui in tiberiatem 
vindicabat,) was said eum liberali, causa manu asserere, Te- 
rent. Adelph. ii. 1. 39. Plant. Pcen. v. 2. but if he claimed a free 
person to be a slave, he was said, in servitutem asserere ; and 
hence was called ASSERTOR, Liv. iii. 44. Hence, Hcec (sc. /?rec- 
sentia gaudia) uirdque manu, complexuque assere toto. Martial, i. 16. 
9. — ASSERO, for affirmo or assevero is used only by later writers. 

The expression MANUM CONSERERE, to' fight hand to hand, 
is taken from war, of "which the conflict between the two parties 
was a representation. Hence Vindicia, i. e. injectio vel correptio 
manus in re prcBsenti, was called vis civilis et fesiucaria, Gell. xx. 10. 
The two parties are said to have crossed two rods, {festucas inter 
se commisisse,) before the praetor, as if in fighting, and the van- 
quished party to have given up his rod to his antagonist. Whence 
some conjecture, that tlie first Romans determined their disputes 
with the point of their swords. 

Others think that vindicia was a rod, (virgula velfestuca,) which 
the two parties (litigantes vel disceptantes,) broke in a fray or mock 
fight before the praetor, (as a straw (stipula) used anciently to be 
broken in making stipulations, Isidor. v. 24.) the consequence of 
which was, that one of the parties might say, that he had been oust- 
ed or deprived of possession, {posstssio7ie dejectus) by the other, 
and therefore claim to be restored by a decree (interdicto) of the 
prsetor. 



198 ROMAN ANTIQUITIES. 

If the question was about a farm, a house, or the hke, the pr^tor 
anciently went with the parties (cum litigantibus) to the place, and 
gave possession {vindicias dahat) to which of them he thought pro- 
per. But from the increase of business, this soon became imprac- 
ticable ; and then the parties called one another from court {ex jure) 
to the spot, {in locum vel rem presentem,) to a farm, for instance, 
and brought from thence a turf {glebam), which was also called 
VINDICItE, Festus ; and contested about it as about the whole 
farm. It was delivered to the person to whom the praetor adjudged 
the possession, Gell. xx. 10.* 

But this custom also was dropped, and the lawyers devised a new 
form of process in suing for possession, which Cicero pleasantly ri- 
dicules, pro Murcen. 12. The plmntiff {pelitor) thus addressed the 
defendant, {eum, unde petcbatur ; Fundus qui est in agro, qui Sa- 

BINUS VOCATUR, EUM EG© EX JURE QUIRITIUM MEUM ESSE AlO, INDE 

EGO TE EX JURE MANU coNSERTUM (to contcnd according to law) 
voco. If the defendant yielded, the praetor adjudged possession to the 
plaintiff. If not, the defendant thus answered the plaintiff, unde tu 
ME EX Jure manum consertum vocasti, inde ibi ego te revoco. 
Then the praetor repeated his set form, {carmen compositum,) 
Utrisque suPERSTiTiBus PRAESENTiBus, i. c. teslibus prcBsentibus, 
(before witnesses,) istam viam dico. Inite viam. Immediately 
they both set out, as if to go to the farm, to fetch a turf, accompanied 
by a lawyer to direct them, {qui ire viam doceret.) Then the prae- 
tor said, Redite viam ; upon which they returned. If it appeared 
that one of the parties had been dispossessed by the other through 
force, the praetor thus decreed, Unde tu illum dejecisti, cum nec 

VI, NEC CLAM, NEC PRffiCARlO POSSIDERET EO ILLUM RESTITUAS J U- 

beo. If not, he thus decreed. Uti nunc possidetis, &c. ita pos- 
sideatis. Vim fieri veto. 

The possessor being thus ascertained, the action about the right 
of property {de jure dominii) commenced. The person ousted or 
outed {possessione exclusus vel dejectus, Cic. pro Caecin. 19.) first 
asked the defendant, if he was the lawful possessor, (Quando 
ego te in jure conspiciOj postulo an siES AucTOR? J. e. posses- 
sor, unde meum jus repeiere possim., Cic. pro Csecin. 19. et Prob. in 

* Livery of seizin, according to the common law of England, was either in deed, or 
in law. Livery in deed was thus performed. The feoffer, lessor, or his attorney, 
together with the feotFee, lessee, or his attorney, came to the land or the house ; and 
then, in the presence of witnesses, declared the contents of the feoflfment or lease, on 
which livery was to be made. And then the feoffer, (if it were of land) delivered to 
the feoffee, all the persons being out of the ground, a clod, or turf, or a twig or bough 
there growing, with words to this effect: " I deliver these to you, in the name of 
seizin of all the lands and tenements contained in this deed." But if it were of a 
Jiouse, the feoffer took the ring, or latch of the door, (the house being quite empty,) 
and delivered it to the feoffee in the same form ; and then the feoffee entered alone,;, 
shut to the door, then opened it, and let in the others. Livery in law was when the 
same was not made on the land, but in sight of it only ; the feoffer saying to .the 
feoffee, *' I give you yonder land, enter and take possession." 2 Bl. Com. 315. 316. 

Thus the practice of livery and seizin clearly appears to be a relict of Roman 
jurisprudence. 



JUDICIAL PROCEEDINGS, &c. 199 

Not.) Then he claimed his right, and in the mean time required 
that the possessor should give security, (Satisdaret,) not to do 
any damage to the subject in question, (ne nihil detenus in posses- 
sione facturum^) by cutting down trees, or demolishing buildings, &e. 
in which case the plaintiff was said per prides, v. — em, vel pro 
prmde litis vindiciarum satis accipere, Cic. Verr. i. 45. If the 
defendant did not give security, the possession was transferred to 
the plaintiff, provided he gave security. 

A sum of money used to be deposited by both parties, called SA- 
CRAMENTUM, which fell, to the gaining party after the cause was 
determined, Festus ; Varro de Lat. ling. iv. 36. or a stipulation was 
made about the payment of a certain sum called SPONSIO. The 
plaintiff said, Quando negas hunc fundum esse meum, Sacramen- 
to TE QUINQUAGENARIO PROVOCO. SpONDESNE QUINGENTOS, SC. nUTH- 

mos vel asses, si meus est ? i. e. si meum esse probavero. The de- 
fendant said, Spondeo quingentos, si tuus sit ? Then the defen- 
dant required a correspondent stipulation from the plaintiff, {resti- 
pulabatur,) thus, Et tu spondesne quingentos, ni tuus sit ? i. e. si 
probavero tuum non esse. Then the plaintiff said, Spondeo, ni meus 
SIT. Either party lost his cause if he refused to give this promise, 
or to deposit the money required. 

Festus says this money was called SACRAMENTUM, because 
it used to be expended on sacred rites ; but others, because it serv- 
ed as an oath, {giwd instar sacramenti \q\ juris jurandi esset,) to con- 
vince the judges that the lawsuit was not undertaken without cause, 
and thus checked wanton litigation. Hence it was called Pignus 
SPONSIONUS, {quia violare quod quisque promiitit perjldiw est) Isidor. 
Orig. V. 24. And hence Pignore contendere, et sacramento, is the 
same, Cic. Fam. vii. 32. de Orat. i. 10. 

Sacramentum is sometimes put for the suit or cause itself, (pro 
ipsa petitione,) Cic. pro Csecin. 33. sacramentum in libertatem, i. e. 
causa et vindicice libertatis, the claim of libertv, pro Dom. 29. Mil. 
27. de Orat. i. 10. So SPONSIONEM FACERE, to institute a 
lawsuit, Cic. Quint. 8. 26. Verr, iii. 62. Ccecin. 8. 16. Rose. Com. 4. 
5. Off. iii. 19. Sponsione lacessere,Yer. iii. 57. certare, Ca3cin. 32. -oin" 
cere. Quint. 27. and also vincere sponsionem, Csecin. 31. ov judicium, 
to prevail in the cause, Ver. i. 53. condemnari sponsionis, to lose the 
cause, CcBcin. 31. sponsiones, i. e. causes, prohibitce judicari, causes 
not allowed to be tried, Cic. Verr. iii. 62. 

The plaintiff was said sacramento vel sponsione provocare, rogare, 
qucerere, et stipulari. The defendant, contendere ex provocatione 
vel sacramento et restipulari, Cic. pro Rose. Com. 13. Valer. Max. 
ii. 8. 2. Festus ; Varr. de Lat. ling. iv. 36. 

The same form was used in claiming an inheritance, (in HiEREDi- 
TATis petitione,) in claiming servitudes, &c. But in the last, the 
action might be expressed both affirmatively and negatively, thus, 
Aio, JUS esse vel NON ESSE. Heucc it was called Actio confesso- 

RIA et NEGATORIA. 



200 ROMAN ANTIQUITIES. 

2. Personal Actions. 

Personal actions, called also CONDICTIONES, were very nu- 
merous. They arose from some contract, or injury done ; and re- 
quired that a person should do or give certain things, or suffer a cer- 
tain punishment. 

Actions from contracts or obligations were about buying and sell- 
ing, {de emptione el venditione ;) about letting and hiring, {de lo- 
catione et conduct tone ; locabatur vel domus^ \q\ fundus, vel opusfa- 
ciendum, \e\ vectigal ; Mdium conductor Inqiv ihwus, fundi colo- 
Nus, operis redemptor, vectigalis publicanus vel manceps diceha- 
tur,) about a commission, {de mandato /) partnership, {de societate ;) 
a deposite, {de deposito apud sequestrem ;) a loan, {de commodato vel 
mutuOf proprie commodahus vestes, libros, vasa, equos, et similictj 
qu(B eadem redduntur ^ mutuo autem damus ea, pro quibus alia red- 
duntur ejusdem generis, ut nummos,frumentum, vinum, oleum, et fere 
ccetera, quce pondere, numero, vel mensura dari solent ;) a pawn or 
pledge, {de hypotheca vel pignore ;) a wife's fortune, {de dote vel re 
uxoria ;) a stipulation, {de stipulatione,) which took place almost in 
all bargains, and was made in this form ; An spondes ? Spondeo : 
AN DABis ? DABO : An PROMiTTis ? PROMiTTO, vel repromilto, 4/-C, 
Plant. Pseud, iv. 6. Bacchid. iv. 8. 

When the seller set a price on a thing he was said indicare ; thus, 
Indica, fag PRETiuM, Pluut. Pers. iv. 4. 37, and the buyer, when 
he offered a price, liceri, i. e. rogare quo preiio liceret auferre, 
Plant, Stich. i. 3. 68. Cic. Verr. iii. 33. At an auction, the person 
who bade, (LICITATOR,) held up his forefinger, {index ;) hence 
digito liceri, Cic. ib. 11. The buyer asked, Quanti licet ? sc. ha- 
bere vel auferre. The seller ansv*^ered, Decern nummis licet ; or the 
like, Plaut. Epid. iii. 4. 35. Thus some explain, De Drusi hortis^ 
quanti licuisse, (sc. eas emere,) tu scribis, audieram: sed quanti 
quanti, bene emitur quod necesse est, Cic. Att. xii. 23. But most 
here take licere in a passive sense, to be valued or appraised ; quan- 
ti quanti, sc. licent, at whatever price ; as Mart. vi. 66. 4. So 
Venibunt quiqui licebunt (whoever shall be appraised or exposed to 
sale, shall be sold,) prcesenti pecunid, for ready money, Plaut. Me- 
naech. v. 9. 97. Unius assis non unquam pretio pluris licuisse, notan- 
te judice quo nosti populo, was never reckoned worth more than 
the value of one as, in the estimation of the people, &c. Horat. Sat, 
i. 6. 13. 

In verbal bargains or stipulations there were certain fixed forms, 
(sTipuLATiONUM FORMULA, Cic. de hgg. \. 4. vcl SPONSiONUM, Id. Rosc. 
Com. 4.) usually observed between the two parties. The person 
who required the promise or obligation, (STIPULATOR, sibi qui 
promitti curabat, v. sponsionem exigebat,) asked (rogabat v. interro" 
gabat) him who was to give the obligation, (PROMISSOR vel 
Repromissor, Plaut. Asin. ii. 4. 48. Pseud, i. 1. 112 : for both words 
are put for the same thing, Plaut. Cure. v. 2. 68. v. 3. 31. Cic. Rosc. 



JUDICIAL PROCEEDINGS, die. 201 

C^m. 13.) before witnesses. Plant, ib. 33. Cic. Rose. Com. 4. if he 
would do or give a certain thing ; and the other always answer- 
ed in correspondent words ; thus, An da bis ? Da bo vel Dabitur, 
Plant, Pseud, i. I. 115. iv. 6. 15. Bacch. iv. 8. 41. An spondes ? 
Spondeo, Id. Cure, v. 2. 74. Any material change or addition in 
the answer rendered it of no effect, § 5. Inst, de inutil. Slip. Plant. 
Trin. v. 2. 34. & 39. The person who required the promise, was 
said to be reus stipulandi ; he who gave it, reus fromittendi, Di- 
gest, Sometimes an oath was interposed, Plant. Rud. v. 2. 47. 
and for the sake of greater security, {ut pacta et conventa Jirmiora es- 
sent,) there was a second person, who required the promise or ob- 
ligation to be repeated to him, therefore called AsnruLATOR, Cic, 
Quint. 18. Pis, 9, {qui arrogabat,) Piaut. Rud, v. 2. 45. and an- 
other who joined in giving it, Adpromissor, Festus : Cic. Att, v. 1. 
Rose, Amer. 9. Fide jussor vel Sponsor, a surety, who said, Et 
EGO spondeo idem HOC, or the like, Plant. Trin. v. 2. 39. Hence 
Astipulari irato consuli, to humour or assist, Liv. xxxix. 5. Tho 
person who promised in his turn usually asked a correspondent ob- 
ligation, which was called restipulatio ; both acts were called 
Sponsio. 

Nothing of importance was transacted among the Romans with- 
out the rogatio, or asking a question, and a correspondent answer, 
(congrua responsio :) Hence Interrogatio for Stipulatio, Sencc. 
Benef. iii. 16. Thus also laws were passed : the magistrate asked, 
(rogabat,) and the people answered (uti rogas,) sc. volumus. See 
p. 85. 88. 

The form of Mancipatio or Mancipium, per ms et libram^ was 
sometimes added to the Stipulatio, Cic. legg. ii. 20. & 21. 

A stipulation could only take place between those who were pre- 
sent. But if it was expressed in writing, {si in instrnmento scrips 
turn esset.) simply that a person had promised, it was supposed that 
every thing requisite in a stipulation had been observed, Inst, iii. 20. 
17. Paull. Recept. Sent. v. 7. 2. 

In buying and selling, in giving or taking a lease, {in locatione vel 
condnctione,) or the like, the bargain was finished by the simple con- 
sent of the parties : Hence these contracts were called CONSEN- 
SUALES. He who gave a wrong account of a thing to be disposed 
of, was bound to make up the damage, Cic. Off. iii. 16. Earnest 
(arrha v. arrhabo,) was sometimes given, not to confirm, but to 
prove the obligation, Inst. iii. 23. — pr. Varr. L. L. iv. 36. But in all 
important contracts, bonds (SYNGRAPHiE) formerly written out, 
signed, and sealed, were mutually exchanged between the parties. 
Thus Augustus and Antony ratified their agreement about the par- 
tition of the Roman provinces, after the overthrow of Brutus and 
Cassius at Philippi, by giving and taking reciprocally written obli- 
gations (/^afXfxaTeta, syngraphoe, ;) Dio. xlviii. 2. <fe 11. A diflference 
having afterwards arisen between Caesar and Fulvia the wife of An- 
tony and Lucius his brother, w^ho managed the affairs of Antony in 

26 



202 ROMAN ANTIQUITIES. 

Italy, an appeal was made by Caesar to the disbanded veterans ; who 
having assembled in the capitol, constituted themselves judges in 
the cause, and appointed a day for determining it at Gabii. Au- 
gustus appeared in his defence ; but Fulvia and L. Antonius, having 
failed to come, although they had promised, were condemned in 
their absence ; and, in confirmation of the sentence, war was de- 
clared against them, which terminated in their defeat, and finally in 
the destruction of Antony, Dio. xlvii. 12. &c. In like manner the 
articles of agreement between Augustus, Antony, and Sex. Pom- 
peius, were written out in the form of a contract, and committed to 
the charge of the Vestal virgins, Dio. xlviii. 37. They were far- 
ther confirmed by the parties joining their right hands and embracing 
one another, lb. But Augustus, says Dio, no longer observed this 
agreement, than till he found a pretext for violating it, Dio. xlviii. 
45. 

When one sued another upon a written obligation, he was said, 
agere cum eo ex Syncrapha, Cic. Mur. 17. 

Actions concerning bargains or obligations, are usually named 
ACTIONES empti, veuditi, locati vel ex locato, conducii vel ex con- 
ducto mandati, &c. They were brought {intendebaniur,) in this 
manner: The plaintiff said, AlO te mihi mutui coMivioDATi, depo- 

SITI NOMINE, DARE CENTUM OPORTERE ; AlO TE MIHI EX STIPU- 

LATu, LOCATO, DARE FACERE OPORTERE. The defendant either de- 
nied the charge, or made exceptions to it, or defences, {Jictoris in- 
tenlionem aut negabat vel inficiabatur, aut exceptione elidebat,) that 
is, he admitted part of the charge, but not the whole ; thus, NEGO 

ME TIBI EX STIPULATO CENTUM DARE OPORTERE, NISI QUOD METU, 
DOLO, ERRORE ADDUCTUS SPOPONDI, Vel NISI QUOD MINOR XXV. AN- 

Nis SPOPONDI. Then followed the SPONSIO, if the defendant de- 
nied, Ni DARE FACERE DEBEAT ; and the RESTTPULATIO, si dare 
FACERE DEBEAT ; but if hc exccptcd, the sponsio was, ni dolo ad- 
DUCTUS spopoNDERiT ; and the restipulatio, si dolo adductus spo- 
PONDERIT. To this Cicero alludes, de Invent, ii. 19. Fin. 2. 7. .^tt, 
vi. 1. 

An exception was expressed by these words, si non, ac si non, 
AUT, SI, AUT Nisi, NISI QUOD, EXTRA QUAM SI. If the plaintiff auswcrcd 
the defendant's exception, it was called REPLICATIO ; and if the 
defendant answered him, it was called DUPLICATIO. It some- 
times proceeded to a TRIPLICATIO and QUADRUPLICATIO. 
The exceptions and replies used to be included in the Sponsio, Liv. 
xxxix. 43. Cic. Verr. i. 45. iii. 57. 59. CcBcin. 16. Val. Max. ii. 
8.2. 

When the contract was not marked by a particular name, the ac- 
tion was called actio pr^scriptis verbis, actio inseria vel incerti ^ 
and the writ (formula) was not composed by the praetor, but the 
words were prescribed by a lawyer, Val. Max. viii. 2. 2. 

Actions were sometimes brought against a person on account of 
the contracts of others, and were called Adjectitice qualitatis. 



JUDICIAL PROCEEDINGS, (fee, 203 

As the Romans esteemed trade and merchandise dishonourable, 
especially if not extensive, Cic. Off. i. 42. instead of keeping shops 
themselves, they employed slaves, freedmen, or hirelings, to trade 
on their account, (negotiationibus prceficiebant,) who were called IN- 
STITORES, {quod negotio gerendo instahant ;) and actions brought 
against the trader {in negotialorem) or against the employer (w do- 
minum,) on account of the trader's transactions, were called AC- 
TIONES INSTITORIJC. 

In like manner, a person who sent a ship to sea at his own risk, 
(.9W0 periculo navem mari immittebat,) and received all the profits, 
{ad quern omnes obventiones et reditus navis pervenirent,) whether he 
was the proprietor {dominus) of the ship, or hired it, {navem per aver^ 
sionem conduxisset,) whether he commanded the ship himself, {sive 
ipse NAVIS MAGISTER esset,) or employed a slave or any Other 
person for that purpose, {navi prce fleer et,) was called navis EXER- 
CITOR ; and an action lay against him {in eum competebat, erat, vel 
dabatur,) for the contracts made by the master of the ship, as well 
as by himself, called ACTIO EXERCITORIA. 

An action lay against a father or master of a family, for the con- 
tracts made by his son or slave, called actio DE PECULO, or ac- 
tio De in rem verso, if the contract of the slave had turned to his 
master's profit ; or actio JUSSU, if the contract had been made by 
the master's order. 

But the father or master was bound to make restitution, not to the 
entire amount of the contract, {no7i in solidum,) but to the extent of 
the peculium, and the profit which he had received. 

If the master did not justly distribute the goods of the slave among 
his creditors, an action lay against him, called actio TRIBUTO- 
RIA. 

An action also lay against a person in certain cases, where the 
contract was not expressed but presumed by law, and therefore 
called Obligatio QUASI EX CONTRACTU ; as when one, with- 
out any commission, managed the business of a person in his absence, 
or without his knowledge ; hence he was called NEGOTIORUM 
GESTOR, or voluntarius amicus, Cic. CcBcin. 5. vel procurator, 
Cic. Brut. 4. 

3. Penal Actions. 

AcTroNS for a private wrong were of four kinds : EX FURTO, 
RAPINA, DAMNO, INJURIA ; for theft, robbery, damage, and 
personal injury. 

I. The different punishments of thefts were borrowed from the 
Athenians. By the laws of the Twelve Tables, a thief in the night- 
time might be put to death : Si nox {noclu) furtum faxit, sim {si 
eum) ALiQuis occisiT {occiderit) jure c>a:sus esto ; and also in the 
day-time, if he defended himself with a weapon: Si luci furtum 

PAXIT, SIM ALIQUIS ENDO {in) IPSO FURTO CAPSIT {cepcrii), VERBE- 
RATOR, ILLIQUE, GUI FURTUM FACTUJM ESCIT {erit) ADDICITOR, GelL 



204 ' ROMAN ANTIQUITIES. 

xi. nil, but not without having first called out for assistance, {sednon 
nisi is, qui ivteremhirus erat, quiritaret, i. e. damaret^ QUtrites, 

VOSTRAM FIDEM, SC imploro, Vel PORRO QUIRITES.) 

The punishment of slaves was more severe. They were scourged 
and thrown from the Tarpeian rock. Slaves were so addicted to 
this crime, that they were anciently called fures ; hence, Virg. EcL 
iii. 16. Quid domivi faciant, audent cvm talia fures ! so Horat. Ep, 
i. 6. 46. and theft, servile probrum, Tacit. Hist. i. 48. 

But afterwards these punishments were mitigated by various 
laws, and by the edicts of the praetors. One caught in manifest 
theft (in FURTO MANIFESTO), was obliged to restore fourfold, 
(qtmdruplem,) besides the thing stolen ; for the recovery of which 
there was a real action (vindiccUio) against the possessor, whoever 
he was. 

If a person was not caught in the act, but so evidently guilty that 
he could not deny it, he was called Fur NEC MANIFESTUS, and 
was punished by restoring double, GelL xi. 18. 

When a thing stolen w^as, after much search, found in the posses- 
sion of any one, it was called Furtum conceptum, (See p. 165.) 
and by the law of the Twelve Tables was punished as manifest thefts 
GelL ibid.j Inst.\v. 1. 4. but afterwards, ^s furtum nee manifestum. 

If a thief, to avoid detection, offered things stolen {res furtivas 
ve\ fnrto ahlaias) to any one to keep, and they were found in his 
possession, he had an action, called Actio furti oblati, against the 
person who gave him the things, whether it was the thief or another, 
for the triple of their value, ibid. 

If any one hindered a person to search for stolen things, or did not 
exhibit them when found, actions were granted by the praetor against 
him, called Actiones furti prohibiti et non exhibiti ; in the last 
for double. Plant. Pozn. iii. 1. v. 61. What the penalty was in the 
first is uncertain. But in whatever manner theft was punished, it 
was always attended with infamy. 

2. Robbery (RAPINA) took place only in moveable things {in 
rebus rnobilibus.) Immoveable things were said to be invaded, and 
the possession of them was recovered by an interdict of the prsetor. 

Although the crime of robbery {crimen raptus) was much more 
pernicious than that of theft, it was, however, less severely punished. 

An action {actio vi bonorum raptorum) was granted by the prae- 
tor against the robber {in raptorem,) only for fourfold, including 
what he had robbed. And there was no diflference whether the rob- 
ber was a freeman or a slave ; only the proprietor of the slave was 
obliged, either to give up, {eum noxcz dedere,) or pay the damage 
{damnum prcestare). 

3. If any one slew the slave or beast of another, it was called 
DAMNUM INJURIA DATUM, i. e. dolo vel culpa nocentis ad- 
missum. whence actio vel judicium damni injuria, sc. dali ; Cic. 
Rose. Com. ]]. whereby he was obliged to repair the damage by 
the Aquillian law. Qui servum servamve, alienum alienamve, 



JUDICIAL PROCEEDINGS, &c, 205 

^UADRUPEDEM Vel PECUDEM INJURIA OCCIDERIT, QUANTl ID IN EO 

ANNO PLURiMi FuiT, (whatever its highest value was for that year,) 
TANTUM MS DARE DOMINO DAMNAs ESTO. By the Same law, thcrc 
was an action against a person for hurting any thing that belonged 
to another, and also for corrupting another man's slave, for double, 
if he denied, (adversus inficiantem in duplum,) /. I. princ. D. de 
serv. corr. There was, on account of the same crime, a praetorian 
action for double even against a person who confessed, L 5. § 2. ibid, 

4. Personal injuries or affronts (INJURIiE) respected either the 
body, the dignity, or character of individuals.— They were various- 
ly punished at different periods of the republic. 

By the Twelve Tables, smaller injuries {injuries, leviores) were 
punished with a fine of twenty-five asses or pounds of brass. 

But if the injury was more atrocious ; as, for instance, if any one 
deprived another of the use of a limb, (si membrum rupsit, i, e. 
ruperit,) he was punished by retaliation, (talione^) if the person in- 
jured would not accept of any other satisfaction. (See p. 161.) If 
he only dislocated or broke a bone, qui os ex genitali (i. e. ex 
loci uhi gignitm\) fudit, he paid 300 asses, if the sufferer was a 
freeman, and 150, if a slave, GelL xx. 1. If any one slandered 
another by defamatory verses, {si quis aliquem puhlice diffamasset, 
eigne adversus honos mores convicium fecisset, affronted him, vel 
carmen famosum in eum condidisset ) he was beaten with a club, 
Hor, Sat. ii. 1. v. 82. Ep. ii. 1. v. 154. Cornut. ad Pers, Sat. 1. 
as some say, to death, Cic. apud Augustin. de civil. Dei. ii. 9. & 12. 

But these laws gradually fell into disuse, GelL xx. 1. and by the 
edicts of the praetor, an action was granted on account of all per- 
sonal injuries and affronts only for a fine, which was proportioned 
to the dignity of the person and the nature of the injury. This, 
however, being found insufficient to check licentiousness and inso- 
lence, Sulla made a new law concerning injuries, by which, not only 
a civil action, but also a criminal prosecution, was appointed for 
certain injuries, with the punishment of exile, or working in the 
mines. Tiberius ordered one who had written defamatory verses 
against him to be thrown from the Tarpeian rock, Dio. Ivii. 22. 

An action might also be instituted against a person for an injury 
done by those under his power, which was called ACTIO NOXA- 
LIS ; as, if a slave committed theft, or did any damage without his 
master's knowledge, he was to be given up to the injured person, 

(si SERVUS, INSCIENTE DOMINO, FURTUM FAXIT, NOXIAMVE NOXIT, 

(nocuerit, i. e. damnum fecerit,) nox^ dedftor ;) And so if a beast 
did any damage, the owner was obliged to offer a compensation, or 
give up the beast ; (si quadrupes pauperiem {damnum) faxit, 
DOMiNus Nox^ ^STiMiAM {damui (Bsiimationem) offerto : si nolit, 

quod NOXIT DATO.) 

There was no action for ingratitude, {actio ingrati) as among the 
Macedonians, or rather Persians; because, says Seneca, all the 
courts at Rome, {omnia fora, sc. tria, de Ir. ii. 9.) would scarcely 



f 06 ROMAN ANTIQUITIES. 

have been sufficient for trying it, Senec. Benef, iii. 6. He adds a 
better reason ; quia hoc crimen in legem cadere non debet, c. 7. 

4. Mixed and Arbitrary Actions. 

Actions by which one sued for a thing, (rem persequebatur,) were 
called Actiones rei persecutor i^ ; but actions merely for a penalty 
or punishment, were called PCENALES ; for both, mixt^e. 

Actions in which the judge was obliged to determine strictly, ac- 
cording to the convention of parties, were called Actiones STRIC- 
TI JURIS: actions which were determined by the rules of equity, 
{ex cequo et bono,) were called ARBITRARItE, or BON^ FIDEL 
In the former a certain thing, or the performance of a certain thing, 
(certa prcestatio,) was required ; a sponsio was made, and the judge 
was restricted to a certain form ; in the latter, the contrary of all 
this was the case. Hence, in the form of actions bonce Jidei about 
contracts, these words were added. Ex bona fide ; in those trusts 
called JiducicSf Ut inter bongs BENE agier oportet, et sine 
fraudatione ; and in a question about recovering a wife's portion 
after a divorce, [in arbilrio rei uxorice,) and in all arbitrary actions, 
Quantum vel quid iEQUius, melius, Cic. de Offic. iii. 14. Q. Rose, 
4. Topic. 17. 

IV. Different Kinds o/ Judges ; JUDICES,ARBITRI, RE- 
CUPERATORES, et CENTUMVIRL 

After the form of the writ was made out, {concepta actionis in- 
tentione,) and shown to the defendant, the plaintiff requested of the 
prtetor to appoint one person or more to judge of it, (judicem vel 
judicium in earn a prcetore postulabat.) If he only asked one, he 
asked a judex, properly so called, or an arbiter : If he asked more 
than one, (judicium,) he asked either those who were called Recu- 
peratores or Centumviri. 

1. A JUDEX judged both of fact and of law, but only in such 
cases as were easy and of smaller importance, and which he was ob- 
liged to determine according to an express law or a certain form 
prescribed to him by the praetor. 

2. An ARBITER judged in those causes which were called 
honrnfidei, and arbitrary, and was not restricted by any law or form,. 
(totius rei arbitrium habuit et potestatem ; he determined what seem- 
ed equitable in a thing not sufficiently defined by law, Festus,) Cic, 
pro Rose. Com. 4. 5. Off. iii. 16. Topic. 10. Senec. de Benef. iii. 3. 
7. Hence he is called HONORARIUS, Cic. Tusc. v. 41. de Fato, 
17. Ad arbitrum \e\ judicem ire, adire, confugere, Cic. pro Rose. 
Com. 4. arbitrum sumere, ibid, capere, Ter. Heaut. iii. I. 94. 
Adelph. i. 2. 43. Arbitrum adigere, i. e. ad arbitrum agere vel co- 
gere, to force one to submit to an arbitration, Cic. Off. iii. 16. Top, 
10. Ad arbitrum vocare vel appellere, Plaut. Rud. iv. 3. 99. 104. 
Ad vel apud judicem, agere, experiri, litegare, petere. But arbiter 
VLud judex, arbitrium smd judicium^ are sometimes confounded, Cic. 



JUDICIAL PROCEEDINGS, &c SOT 

Rose, Com. 4. 9. jim» 39. Mur, 12. Quint. 3. Arbiter is also some- 
times put for TESTIS, Flacc. 36. Sallust. Cat. 20. Liv. ii. 4. or the 
master or director of a feast, arbiter bibendi, Hor. Od. ii. 7. 23. 
arbiter Adria, ruler, Id. i. 3. maris, having a prospect of. Id. Epist. i. 
11.26. 

A person chosen by two parties by compromise {ex compromisso,) 
to determine a difference without the appointment of the praetor, 
was also called arbiter, but more properly Compromissarius. 

3. RECUPERATORES were so called, because by them every 
one recovered his own, Theophil. ad Inst. This name at first was 
given to those who judged between the Roman people and foreign 
states, about recovering and restoring private things, Festus in re- 
ciPERATio, reprisal ^ and hence it was transferred to those judges 
who were appointed by the praetor for a similar purpose in private 
controversies. Plant. Bacch. ii. 3. v. 36. Cic. in Ccecin. 1. &c. CceciL 
17. But afterwards they judged also about other matters, Liv. xxvi. 
48. Suet. Ner. 17. Domit. 8. Gell. xx. 1. They were chosen from 
Roman citizens at large, according to some, but more properly, ac- 
cording to others, from the judices selecti, (ex albo judicum, from 
the list of judges,) Plin. Ep. iii. 20. and in some cases only from the 
senate, Liv. xliii. 2. So in the provinces {ex conventu Romanorum 
civium, i. e. ex Romanis civibus qui juris et judiciorum causa in cer^ 
turn locum convenire solebant. See p. 142.) Cic. Verr. ii. 13. v. 5. 
36. 59. 69. Cces. de bell. Civ. ii. 20. 36. iii. 21. 29. where they seem 
to have judged in the same causes as the Centumviri at Rome, Cic. 
Verr. iii. 11. 13. 28. 59, A trial before the Recuperatores, was 
called Judicium recuperatorium, Cic. de Invent, ii. 20. Suet. VeS' 
pas. 3. cum aliquo recuperatores sumere, vel eum ad recuperatores 
adducere, to bring one to such a trial, Liv. xliii. 2. 

4. CENTUMVIRI were judges chosen from the thirty-five tribes, 
three from each ; so that properly there were 105, but they were 
always named by a round number, Centumviri, Festus. The cau- 
ses which came before them (causoe centumvirales) are enumerated 
by Cicero, de Orat. i. 38. They seem to have been first instituted 
soon after the creation of the praetor Peregrinus. They judged 
chiefly concerning testaments and inheritances. Cic. ibid. — pro CcE' 
cin. 18. Valer. Max. vii. 7. Quinctil. iv. 7. Plin. iv. 8. 32. 

After the time of Augustus they formed the council of the praetor, 
and judged in the most important causes, Tacit, de Orat. 38. whence 
trials before them (JUDICIA CENTUMVIRALIA,) are some- 
times distinguished from private trials, Plin. Ep. 1. 18. vi. 4. 33. 
Quinctil. iv. 1. v. 10. but these were not criminal trials, as some 
have thought. Suet. Vesp. 10. for in a certain sense all trials were 
public, (jUDiciA puBLicA, Cic. pro Arch. 2. 

The number of the Centumviri was increased to 180, and they 
were divided into four councils, Plin. Ep. i. 18. iv. 24. vi. 33. 
Quinctil. xii. 5. Hence Quadruplex Judicium, is the same as 
CENTUM viRALE, ibid, somctimes only into two, Quinctil. v. 2. xi. 1. 



208 ROMAN ANTIQUITIES. 

and sometimes in important causes they judged altogether, Faler, 
Max. vii. 8. 1. Plin. Ep. vi. 33. A cause before the Centum vin 
could not be adjourned, Plin, Ep. i. 18. 

Ten men (DECEMVIRI) See p. 131. were appointed, five se- 
nators and five equites, to assemble these councils, and preside in 
them in the absence of the praetor. Suet. Aug. 36. 

Trials before the centumviri were usually held in the Basilica Ju- 
lia, Plin. Ep. ii. 24. Quiniil. xii. 5. sometimes in the Forum. They 
had a spear set upright before them, Quiniil. v. 2. Hence judici- 
um hastcBj for centumvirale, Valer. Max. vii. 8. 4. Centumviralem 
hastam cogere, to assemble the courts of the Centumviri, and pre- 
side in them, Suet. Aug. 36. So Centum gravis hasta virorum^ 
Marl. Epig. vii. 62. Cessat centeni moderatrix judicis hasta, Stat. 
Sylv. iv. 4. 43. 

The centumviri continued to act as judges for a whole year, but 
the other judices only till the particular cause was determined, for 
which they were appointed. 

The DECEMVIRI also judged in certain causes, Cic. Cacin. 33. 
Dom. 29. and it is thought that in particular cases they previously 
took cognizance of the causes which were to come before the cen- 
tumviri, and their decisions were called Pr-'ejudicia, Sigonius de 
Judic. 

Y. The APPOINTMENT of a JUDGE or JUDGES. 

Of the above-mentioned judges, the plaintiff proposed to the de- 
fendant {adversario ferebat,) such judge or judges as he thought 
proper according to the words of the sponsio, ni ita esset : Hence 
juDicEM vel -es ferre alicui, ni ita esset, to undertake to prove 
before a judge, or jury, that it was so, Uv. iii. 24. 57. viii. 33. 
Cic. Quint. 15. de Orat. ii. 65. and asked that the defendant would 
be content with the judge or judges whom he named, and not ask 
another {ne alium procaret, i. e. posceret, Festus.) If he ap- 
proved, then the judge was said to be agreed on, convenire, Cic. 
pro Q. Rose. 15. Cluent. 43. Valer. Max. ii. 8. 2. and the plaintiff 
requested of the praetor to appoint him, in these words, Pr^tor, 

JUDICEM ARBITRUMVE POSTULO, UT DES IN DIEM TERTIUM SIVE PE- 

rendinum, Cic. pro Mur. 12. Valer. Proh. in Notis, and in the same 
manner, recuperatores were asked, Cic. Verr. iii. 58. hence judices 
dare, to appoint one to take his trial before the ordinary judices, 
plin. Ep. iv. 9. But centumviri were not asked, unless both parties 
subscribed to them, Plin. Ep. v. 1. 

If the defendant disapproved of the judge proposed by the plain- 
tiff, he said, Hunc ejero vel nolo, Cic. de Orat. ii. 70. Plin. Paneg. 
36. Sometimes the plaintiff desired the defendant to name the 
judge, (ut JUDICEM diceret,) Liv. iii. 36. 

The judge or judges agreed on by the j»arties, were appointed 
(Dabantur vel addicebantur,) by the praetor with a certain form 
answering to the nature of the action, In these forms the praetor 



JUDICIAL PROCEEDINGS. &c. 809 

always used the words, SI PARET, i. e. apparet ; thus, C. Ac* 

QUILLI ; JUDEX ESTO, Si PARET, FUNDUM CAPENATEM, DK QUO SeR- 
VILIUS AGIT CUM CaTULO, SeRVILII ESSE EX JURE QUIRITIUM, NE- 
QUE IS SeRVILIO a CaTULO RESTITUATUR, TUM CaTULUM CONDEM- 

NA. But if the defendant made an exception, it was added to the 
form, thus ; Extra quam si testamentum trodatur, quo appa- 
REAT Catuli esse. If the praetor refused to admit the exception, 
an appeal might be made to the tribunes, Cic. Jlcad, Quccst. iv. 30. 
The praetor, if he thought proper, might appoint different judges 
from those chosen by the parties, although he seldom did so ; and 
no one could refuse to act as u. judex, when required, without a just 
cause, 5we/. Claud. 15. Plin. Ep, iii. 20. x. 6(5. 

The praetor next prescribed the number of witnesses to be called, 
(quibus de.nunciare.hir testimonium,) which commonly did not exceed 
ten. Then the parties, or their agents ( PRO CURxiTORES), gave 
security, (satisdabant,) that what was decreed should be paid, and 
the sentence of the judge held ratified, (Judicatum solvi et rem 

RATAM HABERI.) 

In arbitrary causes a sum of money was deposited by both parties, 
called COMPROMISSUM, Cic pro Rose. Com. 4. Verr. ii. 27. ad 
Q. Fralr. ii. 15. which word is also used for a mutual agreement, 
Cic. Fam. xii. 30. 

In a personal action the procuratores only gave security ; those of 
the plaintiff, to stand to the sentence of the judge ; and those of the 
defendant, to pay what was decreed, Cic. Quint. 7. ^tt.xv], 15, 

In certain actions the plaintiff gave security to the defendant, that 
no more demands should be made upon him on the same account, 
(eo nomine a se neminem amflius vel postea petiturum,) Cic. Brut, 
5. Rose. Com. 12. Fam. xiii. 29. 

After this followed the LITIS CONTESTATIO, or a short nar- 
ration of the cause by both parties, corroborated by the testimony 
of witnesses, Cic. Jilt. xvi. 15. Rose. Com, 11. 12. 18. Festus ; Met- 
croh. Sat. iii. 9. 

The things done in court before the appointment of ihejudices^ 
were properly said in jure fieri, after that, in judicio ; but this 
distinction is not always observed. 

After the judex or judices were appointed, the parties warned each 
other to attend the third day after, {inter se in perendinum diem, ut 
ad judicium, venirent, denuneiabard,) which was called COMPE- 
RENDINATIO, or condictio, Jlscon. in Cic.—Festus -, GelL 
xiv. 2. But in a cause with a foreigner, the day was called DIES 
STATUS, Macrob. Sal. i. 16. Status condicius cum hoste^ (i. e. 
cum peregrino, Cic. Off. i. 32.) dies. Plant. Cure. i. 1.5. GeU/ 
xvi. 4. 

VI. The MANNER of conducting a TRIAL. 

When the day came, the trial proceeded^ unless the judge or 
some of the parties, w^as absent from a necessary cause, (ex mori9 

27 



210 ROMAN ANTIQUITIES. 

vel causd sontica, Festus,) in which case the day was put off, (dif- 
Fissus EST, i. e. prolatus, Gell. xiv. 2.) 

If the judge was present, he first took an oath that he would judge 
according to law, according to the best of his judgment, (Ex. animi 
SENTENTiA,) Cic. Acad. Q: 47. at the altar, (aram tcnens^ Cic. Place. 
36.) called PUTEAL EIBONIS, or Scnboniannm, because that 
place being struck with thunder, {fulmine aitactus,) had been ex- 
piated {procuratus) by Scribonius Libo, who raised over it a stone 
covering {suggeslum lapideum cavum), the covering of a well, (putei 
operculum, vel puteal,) open at the top, (svperne aperhmi, Festus.) 
in the Forum ; near which the tribunal of the praetor used to be, 
Horat, Sat. ii. 6. v, 35. Ep. i. 19. 8. and where the usurers met, 
Cic. Sext. 8. Ovid, de Rem. Am. 561. It appears to have been dif- 
ferent from the Puteal, under which the whetstone and razor of At- 
tius Navius were deposited, Cic. de Divin. i. 17. in the comitium at 
the left side of the senate-house, Liv. i. 36. 

The Romans, in solemn oaths, used to hold a flint-stone in their 
right hand, saying, Si sciens fallo, tum me Diespiter, salva ur- 

BE ARCEQUE, BONIS EJICIAT, UT EGO HUNpLAPmEM, FcstuS in LAPIS. 

Hence Jovem lapidem> jurare, for per Jovem et lapidem, Cic. Fam. 
vii. 1. 12. Liv. xxi. 45. xxii. 53. Gell. i. 21. The forinula of taking 
an oath we have in Plant. Rud. v. 2. 45. &c. and an account of dif- 
ferent forms, Cic. Acad. iv. 47. The most solemn oath of the Ro- 
mans was by their faith or honour, Dionys. ix. 10. 8. 48. xi. 54. 

The judex^ or judices, after having sworn, took their seats in the 
suhsellia, (quasi ad pedes prcetoris ;) whence they were called JU- 
DICES PEDANEI ; and sedere is often put for cognoscere, to 
judge, Plin. Ep. v. 1. vi. 33. sedere auditurus. Id. vi. 31. Sedere 
is also applied to an advocate while not pleading, Plin. Ep. iii. 9. f. 
The judex, especially if there was but one, assumed some law- 
yers to assist him with their counsel, {sibi advncavit, ut in consilio 
adessent, Cic. Quint. 2. in consilium rogavit, Gell. xiv. 2.) whence 
they were called CONSILIARII, Suet. Tib. 33. Claud. 12. 

If any one of the parties were absent without a just excuse, he 
was summoned by an edict, (see ]). 111.) or lost his cause, Cic. 
Quint. 6. If the prastor pronounced an unjust decree in the absence 
of any one, the assistance of the tribunes might be implored, ibid. '20. 
If both parties were present, they first were obliged to swear that 
they did not carry on the lawsuit from a desire of litigation, (Ca- 
LUMNiAM Jurare, vcl de calumnia,) Liv. xxxiii. 49. Cic. Fam. viii. 
8. — 1. 16. D. jurej. Quod injuratus in codlcem referre noluit, sc. 
quiafalsum era^, ?V/ jurare in Wiem non dubitet, i.e. id sibi deberii 
jurejurando confirmare, litis obtinend(v, causa, Cic. in Rose. Com. 1. 
Then the advocates were ordered to plead the cause, which they 
did twice, one after another, in two different methods. Appian. do 
Bell. Civ. i. p. 663, first briefly, which was called CAUSAE CON- 
JECTIO, qua si causce in breve coactio, Ascon. in Cic. and then in 
a formal oration, {justa oratione perorabant, Gell. xvii. 2.) they ex- 
plained the state of the cause, and proved their own charge {actio- 



JUDICIAL PROCEEDINGS, &c. 211 

nem) or defence {injiciationem vel cxceptionenif) by witnesses and 
writings, {testihus et tahulisy) and by arguments drawn from the case 
itself, («a? ipsa da deductis,) Cic. pro P. Quinct. et Rose. Com.-— 
Gell. xiv. 2, and here the orator chiefly displayed his art, Cic, de 
Oral. ii. 42. 43. 44. 79. 81. To prevent them, however, from be- 
ing too tedious, {ne in immensum evagarentur,) it was ordained by 
the Pompeian law, in imitation of the Greeks, that they should speak 
by an hour-glass, (ut ad CLEPSYDRAM dicerent, i. e. vas vilreum, 
gracilite.r fistulaturriy in f undo cujus erat foramtn, unde aqua gutta- 
tint ejflueret, alque ita iempus metiretur ; a waler-glass, somewhat like 
our sand-glasses, Cic, de Oral. iii. 34.) How many hours were to 
be allowed to each advocate, was left to ihe judices to determine, 
Cic. Quint, 9. Plin. Ep, i. 20. iv. 9. ii. 11. 14. i. 23. vi. 2. 5. Dial, 
de Cans. Corr. Elop. 38. These glasses were also used in the army, 
Veget. iii. 8. Cces. de Bell. G. v. 13. Hence dare vel petere plurus 
clepsydras, to ask more time to speak : Quoties judico, quantum quis 
plurimum postulat aqum do, I give the advocates as much time as 
they require, Plin. Ep, vi. 2. The clepsydrcB were of a different 
length ; sometimes three of them in an hour, PJin. Ep, ii. 11. 

The advocate sometimes had a person by him to suggest {qui 
suhjicerel) what he should say, who was called MINISTRATOR, 
Cic, de Oral, ii. 75. Place, 22. A forward noisy speaker was call- 
ed Rabula, {a rabie, quasi latrator,) vel proclamator, a brawler 
or wrangler, Cic. de Orat. i. 46. 

Under the emperors, advocates used to keep persons in pay, 
(conducti et redempti MANCIPES,) to procure for them an audi- 
ence, or to collect hearers, [coronam colligere, auditores v. audiluros 
corrogare,) who attended them from court to court, (ex judicio in 
judicium,) and applauded them, while they were pleading, as a man 
who stood in the middle of them gave the word, {quum jasCoxo^o^ 
dedit signum.) Each of them for this service received his dole, 
(sportula) or a certain hire, (par merces, usually three denarii, near 
2s. sterling ;) hence they were called laudic^.ni, i. e. qui oh ccenam 
laudabant. This custom was introduced by one Largius Licinius, 
who flourished under Nero and Vespasian ; and is greatly ridiculed 
by Pliny, Ep. ii. 14. See also, vi. 2. When a client gained his 
cause, he used to fix a garland of green palm {virides palmce) at his 
lawyer's door, Juvenal, vii. 118. 

When the judges heard the parties, they were said iis operam 
dare, /. 18. pr. D. dejudic. How inattentive they sometimes were, 
we learn from Macrobius, Saturnal. ii. 12. 

VII. The MA^YER of giving JUDGMENT. 

The pleadings being ended, {causa ntrinque peroi-ata,) judgment 
was given after mid-day, according to the law of the Twelve Tables. 
Post MERIDIEM PRESENTi, (ctiamsi unus tantiim press ens sit,) litem 
ADDiciTO, i. e. decidito, Gell. 17. 2. 

If there was any difficulty in the cause, the judge sometimes took 
time to consider it, diem diffindi, i. e. differri jussit, ut amflius 



lis ROMAN ANTIQUITIES. 

DKLiBERARET {Ter, Pkorm. ii. 4. 17.) if, after all, he remained on* 
certain, he said, {dixit vel juravit,) MIHT NON LIQUET, I am 
not clear, GelL xiv. 2* And thus the affair was either left unde- 
termined (injudicata,) Gell. v. 10. or the cause was again resumed, 
(secunda actio institnta est,) Cic. Caecin. 2. 

If there were several judges, judgment was given according to the 
opinion of the majority, {senlentia lata est deplnrium sententid ;) but 
it was necessary that they should be all present. If their opinions 
were equal, it was left to the praetor to determine, /. 28. 36. & 38. 
D. de rejud. The judge commonly retired, {secessit,) with his as- 
sessors, to deliberate on the case, and pronoimced judgment accord- 
ing to their opinion, {ex consilii sentenlid,) Piin. Ep. v. 1. vi. 31. 

Sentence w^as variously expressed ; in an action of freedom, 
thus, VIDERI siBi nuNc HOMiNEM LIBERUM ; in an action of 
injuries, VIDERI jure fecisse vel non fecisse; in actions of 
contracts, if the cause was given in favour of the plaintiff, Titium 
Seio centum condemno ; if in favour of the defendant, Secundum 
ILLUM LITEM DO, Val.Max. ii. 8. 2. 

An arbiter gave judgment, {arbilrium pronunciavii) thus; ARBI- 

TROR TE HOC MODO SATISFACERE ACTORI DEBERE ; if thc defend- 
ant did not submit to his decision, then the ar hi ttr order eA the plain- 
tiff to declare upon oath, at how much he estimated his damages, 
{quanii litem cBstimaret,) and then he passed sentence, [sententiam 
tulitf) and condemned the defendant to pay him that sum ; thus, 
Centum de quibus actor in litem juravit, redde, /. 18. D. d& 
dolo malo. 

VIIL What followed, after JUDGjMENTwas given. 

After judgment was given, and the lawsuit was determined, {lite 
dijudicata,) the conquered party was obliged to do or pay what was 
decreed, (judicaium facere vel solvere :) and if he failed, or did 
Dot find securities, {^yonsores vel vindices,) within thirty days, he 
was given up, (Judicatus, i. e. damnatus et addictus est,) by the 
praetor to his adversary, (to which custom Horace alludes, Od. iii. 
3. 23.) and led away (arductus) by him to servitude, Cic, Flare, 
19. Liv, vi. 14. 34. &c. Plavt. Pcen. iii. 3. 94. .^sin. v. 2. 87. Gell. 
XX. 1. These thirty days are called in the Twelve Tables, DIES 

JUSTI ; REBUS JURE JUDICATIS, XXX. DIES JUSTI SUNTO, POST DE- 
INDE MAN US INJECTIO ESTO, IN JUS DUCITO. ScC p. 49. 

After sentence was passed, the matter could not be altered ; 
hence agere actum, to labour in vain, Cic. Amic. 22. Attic, ix. 18. 
Ter. Phorm. ii. 2. 72. Actum est ; acta est res ; perii, all is over, I 
am undone, Ter. Andr. iii. 1.7. Ade/ph. in. 2. 7. Cic. Fam. x'lv, 
3. Actum est de me, I am ruined, Plavt. Pseud, i. 1. 83. De Servio 
actum rati, that all was over with Servius ; that he was slain, Liv. i. 
47. So Suet. JSi'er. 42. Actum, (i. c. ratum) habebo quod egeris, Cic, 
Thsc. iii. 21. 

In certain cases, especially when any mistake or fraud had been 
committed, the prsetor reversed the sentence of the judges, {remju- 



JUDICIAL PROCEEDINGS, &a 21S 

dicatam rtscidit,) in which case he was said damnatos in integrum 
RESTITUERE, Ctc, Verr, V. 6. Cluent. 36. Ttr. Phorm, ii. 4. 11. or 
JUD5CIA RESTITUERE, Cic, Verr. \\. 26. 

After the cause was decided, the defendant, when acquitted, might 
brin^ an action against the plaintiff for false accusution, (aciorem 
CALUMNliE posTULARE.) Cic. pro Cluent. 31. Hence Caujm- 
NJA lilium, i. e. lites per calumniamintentcu, unj;ist lawsuits, Cir. MiL 
27. Calumniarum mctnrn injlcere^ of false accusations, Suet. Cies, 20. 
Vitel.l. Domit.9. Ferre caliminiam, \. e. cnlumnicB convicliirn esse, 
vel calumnice, damnari aut de calumnia, Cic. Fam. viii. 8. Gell. xiv. 
2. Calumniam non cffygietf he will not fail to be condemned for 

false accusation, Cic. Cluent. 59. Injurice exisiunl calumnia, i. e. 

callidd et malitiosd juris interprelatione, Cic. Off. i. 10. C alum ma 
iimoris, the misrepresentation of fear, which always imagines things 
worse than they are, Fam. vi. 7. Calumnia religionisy a false pre- 
text of, ibid. i. I. calumnia dicendi, speaking to waste the time, Mtt, 
iv. 2. Calum.mia paucnrum, detraction, Sail. Caf. 30. Cic. Jicad. iv. 
1. So CALUMNIARI,/«/sc{A?i litem intendere, et calumniator, &c. 

There was also an action against a judge, if he was suspected of 
having taken money from either of the parties, or to have wilfully 
given wrong judgment {dolo mala vel imperitiu). C(jrruption in a 
judge was, by a law of the Twelve Tables, punished with death, 
but afterwards as a crime of extortion, {repetundarum.) 

If a judge from partiality or enmity (gratia vel immicitia), evi- 
dently favoured either of the parties, he was said Litem suam fa- 
cere, Ulpian. Gcll. X. 1. Cicero applies this phrase to an advocate 
too keenly interested for his client, de Orat. ii. 75. 

In certain causes the assistance of the tribunes was asked, (tri- 

BUiNI APPELLABANTUM,) Cic. Quint. 7. 20. 

As there was an appeal (APPELLATIO) from an inferior to a 
superior magistrate, Liv. iii. 56. so also from one court or judge to 
another, (ab inferiore ad superius tribunal, vel ex minore ad major- 
em judicem, prcetextu iniqui gravaminis, of ?i grievance, vel injust(z 
senlenti(B,) Ulpian. The appeal was said ADMITTI, recipi. non 
BEcipr, REi'UDiARi '. Hc to whom the appeal was made, was said De 

vel EX APPKLLATIONE CoGNOSCERK, JUUICARE, SENTENTIAM DICERE, 
PRONUXCIARE APPELLATION EM JUSTAM Vel INJUSTAM ESSE. 

After the subversion of the republic, a final appeal was made to 
the emperor, both in civil and criminal affairs, Suet. Aug. 33. Dio, 
Iii. 33. Act, Apost. XXV. 11. as formerly (provocatio) to the peo- 
ple in criminal trials, Suet. Ccbs. 12. 

At first this might be done freely, {antea vacuum id solutumque pec* 
nu fuerat.) but afterwards under a certain penalty. Tacit, An- 
na!, xvi. 28. Caligula prohibited any appeal to him, {magis- 
tralibus liberam jurisdiction cm, ct sine sui provocatione concessit,) 
Suet. Cal. 16. Nero ordered all appeals tv) be made from private 
judges to the senate, Suet. Ner, 17. and under the same penally as 
to the emperor, {ut ejusdem pecunice periculum facerent, cujus ii, 
qui imperatorem appellaverey) Tacit, ibid. So Hadrian, Digest, xliv. 



214 ROMAN ANTIQUITIES. 

2. 2. Even the emperor might be requested by a petition, (libel- 
Lo) to review his ow^n decree, (sententiam suam retractare.) 

11. CRIMINAL TRIALS, (PUBLICA JVDICIA.) 

Criminal trials were at first held (cxerccbantur) by the kings, 
Dionys. ii. 14. with the assistance of a council, {cum concilio,) Liv. 
i. 49. The king judged of great crimes himself, and left smaller 
crimes to the judgment of the senators. 

Tullus Hostilius appointed two persons (DUUMVIRI) to try Ho- 
ratius for killing his sister, (qui Horatio perduellionem judicarent,) 
and allowed an appeal from their sentence to the People. Liv. i. 26. 
Tarquinius Supe^'bus judged of capital crimes by himself alone, with- 
out any counsellors, Liv. i. 49. 

After the expulsion of Tarquin, the consuls at first judged and 
punished capital crimes, Liv. ii. 5. Dionys. x. 1. But after the 
law of Poplicola concerning the liberty of appeal, (See p. 100.) the 
people either judged themselves in capital affairs, or appointed cer- 
tain persons for that purpose, with the concurrence of the senate, 
who were called QUiESITORES, or Qucestorcs paricidii, (see p. 
113.) Sometimes the consuls were appointed, Iav. iv. 51. Some- 
times a dictator and master of horse, Liv. ix. 26. who were then 
called Qu^siTOREs. 

The senate also sometimes judged in capital affairs, Sallust. Cat, 
51. 52. or appointed persons to do so, Liv. ix. 21. 

But after the institution of the Quasliones perpetuce, (See p. 113.) 
certain praetors always took cognizance of certain crimes, and the 
senate or people seldom interfered in this matter, unless by way of 
appeal, or on extraordinary occasions. 

I. CRIMINAL TRIALS before the PEOPLE. 

Trials before the people (.JUDICIA ad populum), were first held 
in the Comitia Ciiriata, Cic. pro Mil. 3. Of this, however, we have 
only the example of Horatius, ibid. 

After the institution of the Comitia Centuriala and Tribute, all 
trials before the people were held in them ; capital trials, in the 
Comitia Centuriatu, and concerning a fine, in the Tributa. 

Those trials were called CAPITAL, which respected the life or 
liberty of a Roman citizen. There was one trial of this kind held 
in the Comitia by tribes, namely, that of Coriolanus, Liv. ii. 35. ; but 
that was irregular, and conducted with violence, Dionys. vii. 38. &c. 

Sometimes a person was said to undergo a capital trial, periculum 
capitis adire, causam capitis vel pro capite dicere, in a civil action, 
when, besides the loss of fortune, his character was at stake, (cum 
judicium esset de fama fortunisque,) Cic. pro Quint. 9. 13. 15. Off. 
i. 12. 

The method of proceeding in both Comi(*:a was the same ; and it 
was requisite that some magistrate should be the accuser. 

In the Comitia Tributa the inferior magistrates were usually the 
accusers ; as, the tribunes or aediles, Liv. iii. 55. iv. 21. f^aL Max, 



JUDICIAL PROCEEDINGS, &c. 215 

vi. 1. 7. Cell. X. 6. In the Comitia Centuriata, the superior magis- 
trates ; as, the consuls or prsetors, sometimes also the inferior ; as, 
the quaestors or tribunes, Liv, ii. 41. iii. 24. 25. vi. 20. But they 
are supposed to have acted by the authority of the consuls. 

No person could be brought to a trial, unless in a private station. 
But sometimes this rule was violated, Cic. pro Flacc. 3. Liv, xliii. 16. 

The magistrate who was to accuse any one, having called an as- 
sembly, and mounted the Rostra, declared that he would, against a 
certain day, accuse a particular person of a particular crime, and 
ordered that the person accused {reus) should then be present. 
This was called DICERE DIEM, sc. accusationis vel diei diclio. 
In the mean time the criminal was kept in custody, unless he found 
persons to give security for his appearance, (SPONSORES) eum in 
judicio ad diem dictam sislendi, aid midclam, qua damnatus esset, sol- 
vendi,) who, in a capital trial, were called VADES, Liv. iii. 13* 
XXV. 4. and for a fine, PRiEDES ; Gell. vii. 19. Jluson. Eidyll. 347. 
{a prvestando, Varr. iv. 4.) thus ; Prceslare aliquem, to be responsible 
for one, Cic. ad Q. Fr. i. 1. 3. Ego Messalam Ccesari praslabo^ ib. iii. 
8. So, Alt. vi. 3. Plin. Pan. 83. 

When the day came, the magistrate ordered the criminal to be 
cited from the Rostra by a herald, Liv. xxxviii. 51. Suet. Tib. 11, 
If the criminal was absent without a valid reason, {sine CAUSA 
SONTICA,) he was condemned. If he was detained by indisposi- 
tion, or any other necessary cause, he was said to be excused, 
(EXCUSARI,) Liv. ibid, 52. and the day of trial was put off, {dies 
PRODICTUS vel productus est.) 

Any equal or superior magistrate might, by his negative, hinder 
the trial from proceeding, ibid. 

If the criminal appeared, {si reus se stitisset, vel si sisteretur,) and 
no magistrate interceded, the accuser entered upon his charge, («c- 
cusationem instituebat) which was repeated three times, with the in- 
tervention of a day between each, and supported by witnesses, 
writings, and other proofs. In each charge the punishment or fine 
was annexed, which was called ANQUISITIO. Sometimes the 
punishment at first proposed, was afterwards mitigated or increased. 
In mulcla temperdrunt tribuni ', quum capitis anquisissent, Liv. ii. 
52. Quum tribuni bis pecuniae anquisissent ; tertib se capitis anquirere 
diceret, ^c. Tum perdueilionis se judicare Cn. Fulvio dixit, that he 
prosecuted Fulvius for treason, Liv. xxvi. 3. 

The criminal usually stood under the Rostra in a mean garb, 
where he was exposed to the scoffs and railleries, {probris et convi- 
ciis,) of the people, ibid. 

After the accusation of the third day was finished, a bill (ROGA- 
TIO) was published for three market-days, as concerning a law, in 
which the crime and the proposed punishment or fine was expressed. 
This was called MULCTiE P(ENiEVE IRROGATIO : and the 
judgment of the people concerning it, MULCTvE PCENiEV^ 
CERTATIO : Cic, tie legg, iii. 3. For it was ordained that a c^. 
pital punishment and a fine should never be joined together, (ne p^^^ 



216 ROMAN ANTIQUITIES. 

Tta capitis cum pecunia conjungeretur,) Cic. pro Dom. 17. (Trihuni 
pli'bis, omissj, mulctoi certatione^ rei capitalis Posthumio dixeruntf) 
Liv. XXV. 4. 

On the third market-day, the accuser again repeated h's charge ; 
and ihe criminal, or an advocate (pal' onus) for him, was permitted 
to make his defence, in which every thing was introduced which 
could serve to gain the favour of the [ e'jple, or move their compas- 
sion, Cic. pro Rabir, Liv, lii. 12. 58. 

Then the Comitia were summoned against a certain day, in which 
the people, by tlieir suffrages, should determine the fate of the cri- 
minal. If the punishment proposed was only a fine, and a tribune 
the accuser, he could summon the Comitia TribiUa himself; but if 
the trial was capital, he asked a day for the Comitia Cenlnriala from 
the consul, or, in his absence, from the praetor, Liv. xxvi. 3. xliii. 16. 
In a capital trial, the people were called to the Comitia by a trum- 
pet, (cluftsico,) Seneca de Ira, i. 16. 

The criminal and his friends in the meantime used every method 
to induce the accuser to drop his accusation, {accui^atione desisterp,) 
If he did so, he appeared in the assembly of the people, and said, 
SEMPRONIUM NIHIL MOROR, Liv. iv. 42. vi. 5. If this 
could not be effected, the usual arts were tried to prevent the peo- 
ple from voting, (see p. 84.) or to move their compassion, Liv, vi, 
20. xliii. 16. Gel/, iii. 4. 

The criminal, laying aside his usual robe, (toga alba) put on a 
sordid^ i. e. a ragged and old gown, [sordidam et ohsolelnnt) Liv, ii. 
61. Cic. VeiT. i. 58. not a mourning one {pnllam vel atram^) as 
some have thought ; and in this garb went round and supplicated 
the citizens ; whence .sordes or squalor is put for guilt ; and sordid 
daii or squalidi, for criminals. His friends and relations, and others 
■who chose, did the same, Liv. iii. 58. Cic. pro Sext. 14. When 
Cicero was impeached by Clodius, not only the equites, and many 
yocng noblemen of their own accord, (privnto consensu^) but the 
whole senate, by public consent, {publico consilio,) changed their 
habit {vestem mutabant) on his account, ibid. 11. 12. which, he bit- 
terly complains, was prohibited by an edict of the consuls, c, 14. 
Pis. 8. & 18. post, redit. in Sen. 7. Dio. xxxvii. 16. 

The people gave their votes in the same manner in a trial, as in 
passing a law. (See p. 87.) Liv. xxv. 4. 

If any thing prevented the people from voting on the day of the 
Comitia, the criminal was discharged, and the trial could not again 
be resumed, (si qua res ilium diem aut avspiciis aut excusatione suS' 
titlit^ tola causa judiciumque sublalum est,) Cic. pro Dom. 17. Thus 
Metellus Celer saved Rabirius from being condemned, who was ac- 
cused of the murder of Saturninus forty years after it happened, 
Cic. pro Rabir. by pulling down the standard which used to be set 
up in the Janiculum, (see p. 80.) and thus dissolving the assembly, 
Dio. xxxvii. 27. 

If the criminal was absent on the last day of his trial, when cited 
by the herald, he anciently used to be called by the sound of a trum- 



JUDICIAL PROCEEDINGS, <fec. 217 

pet, before the door of his house, from the citadel, and round the 
walls of the city, Varr. de Lat, Ling, v, 9. If still he did not ap- 
pear, he was banished, (exilium ei seise ebalur }) or if he fled the 
country through fear, his banishment was confirmed by the Comitia 
Tributa. See p. 92. 

II. CRIMINAL TRIALS before the mQUISITORS. 

Inquisitors (qu^sitores) were persons invested with a tempo- 
rary authority to try particular crimes. They were created first 
by the kings ; Liv. i. 26. then by the people, usually in the Comitia 
Tributa y iv. 51. xxxviii, 54. and sometimes by the senate ; ix. 26. 
xliii. 2. In the trial of Rabirius, they were, contrary to custom, 
appointed by the praetor, Dio. 37. 27. Suet, Cues, 12. 

Their number varied. Two were usually created, (DUUM- 
VIRI,) Liv. vi. 20. sometimes three, Sallust, Jug, 40. and some- 
times only one, Ascon, in Cic, pro Mil. Their authority ceased 
when the trial was over, (see p. 113.) The ordinary magistrates 
were most frequently appointed to be inquisitors ; but sometimes 
also private persons, Liv, passim. There was sometimes an appeal 
made from the sentence of the inquisitors to the people, as in the 
case of Rabirius, Suet. C(bs. 11. Die, xxxvii. 27. Hence Deferrt 
judicium a subselliis in rostra^ i, e. a judicibus ad populum, Cic. 
Cluent. 6. 

Inquisitors had the same authority, and seem to have conducted 
trials with the same formalities and attendants, as the praetors did 
after the institution of the Qucestiones perpettm. To the office of 
Qucusitores Virgil alludes, .^n. vi. 432. Ascon, in action, in Verr, 

CRIMLYAL TRIALS before the PRAETORS. 

The praetors at first judged only in civil causes ; and only two of 
them in these, the praetors Urbanus and Peregrinus. The other 
praetors were sent to govern provinces. All criminal trials of im- 
portance where held by inquisitors created on purpose. 

But after the institution of the Qucestiones perpetual, A. U. 604. 
all the praetors remained in the city during the time of their office. 
After their election, they determined by lot their different jurisdic^ 
tions. 

Two of them took cognizance of private causes, as formerly, and 
the rest presided at criminal trials ; one at trials concerning extor- 
tion ; another at trials concerning bribery, &c. Sometimes there 
were two praetors for holding trials concerning one crime ; as, on 
account of the multitude of criminals, concerning violence. Cic. 
pro Cluent. 53. Sometimes one praetor presided at trials concern- 
ing two different crimes, Cic. pro Ccsl. 13, And sometimes the Ptcb- 
tor Peregrinus held criminal trials ; as, concerning extortion, Ascon. 
in Cic. in tog. cand. 2 ; so also, according to some, the praetor Or- 
banus. 

The praetor was assi&ted in trials of importance by a council of select 

28 ^ 



4 



218 ROMAN ANTIQUITIES. 

judices or jurymen ; the chief of whom was called JUDEX QUiES- 
TIONIS, or Princeps judicum, Cic. et Ascon, Some have thought 
this person the same with the prcetor or qumsitor ; but they were quite 
different; Cic. pro Cluent. 27. 33, 58. in Verr.i. 61. Quinciil. viii. 
3. The judex qucBstionis supplied the place of the preetor when ab- 
sent, or too much engaged. 

1. The Choice of the JUDICES or Jury. 

The judices were at first chosen only from the senators ; then, 
by the Sempronian law of C. Gracchus, only from the equites ; af- 
terwards by the Servilian law of Csepio, from both orders ; then, by 
the Glaucian law, only from the equites ; by the Livian law of Dru- 
sus, from the senators and equites : But the laws of Drusus being 
soon after set aside by a decree of the senate, the right of judging 
was again restored to the equites alone : Then, by the Plautian law 
of Silvanus, the judices were chosen from the senators and equites, 
and some of them also from the plebeians ; then by the Cornelian 
law of Sylla, only from the senators ; by the Aurelian law, of Cotta, 
from the senators, the equites, ^ndi tribuni cerarii ; by the Jw/iWilawof 
Caesar, only from the senators and equites ; and by the law of Anto- 
ny, also from the officers of the army. See Manutius de legg : for 
Sigonius, and Heineccius, who copies him, give a wrong account of 
this matter. 

The number of the judices were different at different times : By the 
law of Gracchus, 300 ; of Servilius, 450 ; of Drusus, 600 ; of Plau- 
tius, 525 ; of Sylla and Cotta, 300 ; as it is thought from Cic. Fam. 
viii. 8. of Pompey, 360, Paterc. ii. 76. Under the emperors, the 
number of judices was greatly increased, Plin. xxxiii. 1. 

By the Servilian law% the age of the judices must be above thirty, 
and below sixty years. By other laws it was required, that they 
should be at least twenty-five, D. 4. 8. but Augustus ordered that 
judices might be chosen from the age of twenty, {a visesimo allegit,) 
Suet. Aug. 32. as the best commentators read the passage. 

Certain persons could not be chosen judices, either from some na- 
tural defect, as, the deaf, dumb, &c. or by custom, as, women and 
slaves for by law, as those condemned upon trial of some infamous 
crime, (turpi et famoso judicio, e. g. calumnim, pr(zvaricationis,furti, 
vi bonorum raptorum, injuriarum, de dolo malo, pro socio, mandati, 
tutelce, depositi, &:c.) and, by the Julian law, those degraded from 
being senators ; which vvas not the case formerly, Cic. Cluent. 43. 
See p. 17. 

By the Pompeian law, the judices were chosen from persons of 
the highest fortune. 

The judices were annually chosen by the praetor Urbanus or Pe- 
regrinus ; according to Dio Cassius, by the quaestors, xxxix. 7. and 
their names written down in a hst, (in album relata, vel albo de^ 
scripta,) Suet. Tib. 51. Claud. 16. Domit. 8. Senec. de benef. iii. 7, 
Gell. xiv. 2. They swore to the laws, and that they would judge 
uprightly to the best of their knowledge, (de animijententia.) The 



JUDICIAL PROCEEDINGS, &c. 219 

judices were prohibited by Augustus from entering the house of any- 
one, Dio. liv. 18. 

They sat by the praetor on benches, whence they were called his 
ASSESSORS : or Consilium, Cic. Act. Verr. 10. and Consessores 
to one another, Cic. fin. ii. 19. Sen. de bene/, iii. 7. Gell. xiv. 2. 

The judices were divided into DECURIiE, according to their 
different orders ; thus, Decuria senatoria judicum, Cic. pro Clu- 
ent. 37. tertia, PhiL 1. 8. Verr. ii. 32. Augustus added a fourth de- 
curia, Suet. 32. Plin. xxxiii. 7. (because there were three before, 
either by the law of Antony, or of Cotta,) consisting of persons of 
an inferior fortune, who were called DUCENARll, because they 
had only 200,000 sesterces, the half of the estate of an eques, and 
judged in lesser causes. Caligula added a fifth decuria, Suet. 16. 
Plin. xxxiii. 1. s. 8. Galba refused to add a sixth decuria, although 
strongly urged by many to do it. Suet. 14. 

The office of a judex was attended with trouble, Cic. in Verr. i. 
8. and therefore, in the time of Augustus, people dechned it ; but 
not so afterwards, when their number was greatly increased, SueL 
et Plin. ibid. 

2. The Accuser in a Criminal Trial. 

Any Roman citizen might accuse another before the pra3tor. But 
it was reckoned dishonourable to become an accuser, unless for the 
sake of the republic, to defend a client, or to revenge a father's 
quarrel, Cic. de Off. ii. 14. Divinat. 20. Verr. ii. 47. Sometimes 
young noblemen undertook the prosecution of an obnoxious magis- 
trate, to recommend themselves to the notice of their fellow-citizens, 
Cic. pro Cczl. vii. 30. in Verr. i. 38. Suet. M. 4. Plutarch, in Lu- 
cullo, princ. 

If there was a competition between two or more persons, who 
should be the accuser of any one, as between Cicero and Caecilius 
Judaeus, which of them should prosecute Verres, who had been pro- 
prsetor of Sicily, for extortion, it was determined who should be 
preferred by a previous trial, called DIVINATIO ; because there 
was no question about facts, but the judices, without the help of 
witnesses, divined, as it were, what was fit to be done, Cic. divin, 
20. Ascon. in Cic. Gell. ii. 4. He who prevailed, acted -as the prin- 
cipal accuser, (ACCUSATOR :) those who joined in the accusa- 
tion, {causes vel accusationi subscribtbant,) and assisted him, were 
called SUBSCRIPTORES, Cic. divin. 15. pro Mur. 24. Fam. viii, 
8. ad Q. Fratr. iii. 4. hence subs crib ere judicium cum aliquo, to com- 
mence a suit against one, Plin. Ep. v. 1.- 

It appears, however, there were public prosecutors of public 
crimes at Rome, Cic. pro Sex. Rose. 20. Plin. Epist. iii. 9. iv. 9. as 
in Greece, Cic. de Legg. iii. 47. 

Public informers or accusers (delatores puhlicorum criminum) 
were called QUADRUPLATORES, Cic. Verr. ii. 8. 9. either be- 
cause they received as a reward the fourth part of the criminal's 
effects, or of the fine imposed upon him ; or, as others say, because 



220 ROMAN ANTIQUITIES, 

they accui^ed persons, who, upon conviction, used to be condemned 
to pay fourfold, {quadrupli damnari ;) as those guilty of illegal usury, 
gaming, or the like, Cic. in Ccecil. 1, &l 22. et ib. Ascon. Paulus apud 
Festum. Tacit, Annal. iv. 20. But mercenary and false accusers 
(cALUMNiATORES) chicfly werc called by this name, Cic. Verr. ii. 7. 
8. & 9. Plant. Pers. \. 2. 10. arid also those judges, who making 
themselves parties in a cause, decided in their own favour, (qui in 
suam rem litem verterent ; interceptores litis alienee, qui sihi controvert 
siosani adjudicarent rem,) Liv. iii. 72. Cic. Csecin* 23. Seneca calls 
those who for small favours sought great returns, Quadrupla tores be- 
neficiorum suorum, overrating or overvaluing them, de bene/, vii. 25* 

3. Man.mer of Making the Accusation. 

The accuser summoned the person accused to court, (in jus do- 
cabat,) where he desired (posiulahat) of the inquisitor that he might 
be allowed to produce his charge, (nomen deferre,) and that the prae- 
tor would name a day for that purpose, Cic. Fam. viii. 6, Hence 
Postulare aliquem de crimine, to accuse ; libellus postulationum, 
a writing containing the several articles of a charge, a libel, Plin. 
Ep. X. 85. 

This postulatio or request was sometimes made in the absence of 
the defendant, Cic. adfratr. iii. 1. 5. There were certain days on 
which the praetor attended to these requests, when he was said Pos- 
TULATiONiBus VACARE, PUn. Epist. vii. 33. 

On the day appointed, both parties being present, the accuser first 
took (concipiebat) a solemn oath, that he did not accuse from malice, 
(cALUMNiUM JURABAT,) and then the charge was made (delatio nomi- 
nisjiebat) in set form: thus, DICO vel AIO, te in PRiEruRA spoli- 

ASSE SICULOS CONTRA LEGEM CoRNELIAM, ATQUE EO NOMINE SESTER- 
TIUM MILLIES A TE REPETO, Cic. Divin. 5. 

If the criminal was silent or confessed, an estimate of damages 
was made out (lis ei vel ejus lestimabatur,) and the affair was ended ; 
but if he denied, the accuser requested, (postulavil) that his name 
might be entered in the roll of criminals, (ut nomen inter reos red- 
pereter, i. e. ut in tabulam inter reos referreter,) and thus he was said 
REUM facere, lege v. legibus interrogare, postulare : MU.LCTAM 
aul pcRnam petere ei repetere. These are equivalent to nomen deferre^ 
and different from accusare, which properly signifies to substantiate 
or prove the charge ; the same with causam agere, and opposed to 
defendere, Quinctilian, v.* 13. 3. Cic. Csel. 3. Dio. xxxix. 7. Digest, /. 
10. de jure patron. 

If the praetor allowed his name to be enrolled, (for he might re- 
fuse it, Cic. Fam. viii. 8.) then the accuser delivered to the praetor 
a scroll or tablet, (LIBELLUS,) accurately written, mentioning 
the name of the defendant, his crime, and every circumstance rela- 
ting to the crime ; which the accuser subscribed, PUn. Ep. i. 20. 
V. 1. or another for him, if he could not write ; at the same time 
binding himself to submit to a certain punishment or fine, if he did 



JUDICIAL PROCEEDINGS, &;c. 2^1 

toot prosecute or prove his charge ; {cavebat se in crimine persevera^ 
turum usque ad sententiam.) 

There were certain crimes which were admitted to be tried in pre- 
ference to others, {extra ordincni,) as, concerning violence or murder, 
PUux Ep. iii. 9. And sometimes the accused brought a counter 
charge of this kind against his accuserjto prevent his own trial, Cic. 
Fam. viii. 8. Dio, xxxix. 18. 

Then the prastor appointed a certain day for the trial, usually 
the tenth day after, Cic. ad Q. Frair, ii.l3. Ascon. in Cornel. Some- 
times the 30th, as by the Licinian and Julian laws, Cic. in Vat. 14 
But in trials for extortion, the accuser required a longer interval. 
Thus Cicero was allowed 110 days, that he might go to Sicily in 
order to examine witnesses, and collect facts to support his indict- 
ment against Verres, although he accomplished it in fifty days, As- 
con, in loc. Cic. Verr. Act. prim. 2. 

In the mean time the person accused changed his dress, (See p. 
82.) and sought out persons to defend his cause. 

Of defenders (DEFENSORES) Asconius mentions four kinds ; 
PATRONI vel oratorcs, who pleaded the cause ; ADVOCATI, 
who assisted by their counsel and presence ; (the proper meaning 
of the word, Liv. ii. 55.) PROCURATORES, who managed the 
business of a person in his absence : and COGNITORES, who de- 
fended the cause of a person when present, Ascon. in divin, in CcBciL 
4. Festus. But a cognitor might also defend the cause of a person 
when absent, Cic. Verr. 2. 43. Horat. Sat. ii. 5. v. 28. Cic. Rose. 
Com. 18. hence put for any defender, Liv. xxxix. 5. The procu- 
rator es^ however, and cognitor es, were used only in private trials ; 
the patroni and advocati, also in public. Before the civil wars, one 
rarely employed more than four patrons or pleaders, but afterwards 
often twelve, Ascon. in Cic. pro Scaur. 

4. Manner o/' conducting the Trial. 

On the day of trial, if the prastor could not attend, the matter was 
put off to another day. But if he was present, both the accuser 
and defendant were cited by a herald. If the defendant was absent, 
he was exiled. Thus Verres, after the first oration of Cicero against 
him, called actio prima, went into voluntary banishment ; for the 
five last orations, called libri in Verrem, were never delivered, As- 
con. in Verr. Verres is said to have been afterwards restored by the 
influence of Cicero, Senec. Suas. vi. 6. and, what is remarkable, pe- 
rished together with Cicero in the proscription of Antony, on ac- 
count of his Corinthian vessels, which he would not part with to the 
Triumvir, Plin. xxxiv. 2. Lactani. ii. 4. 

If the accuser was absent, the name of the defendant was taken 
from the roll of criminals, [de reis exemptum est.) Ascon. in Cic. 

But if both were present, X\\q judiccs or jury were first chosen, ei- 
ther by lot or by naming, {per SORTITIONEM vel EDITIONEM,) 
according to the nature of the crime, and the law by which it was 
tried. If by lot, i\\Q prator ox judex qucdstionis put into an urn the 



222 ROMAN ANTIQUITIES. 

names of all those who were appointed to the jtidic€s for that year, 
and then took out by chance {sorte educehat) the number which the 
law prescribed. After which the defendant and accuser were al- 
lowed to reject (rejicere) such as they did not approve, and the prae- 
tor or judex qucestioiiis substituted (subsortiehatur) others in their 
room, till the legal number was completed, Cic. in Verr. Act. i. 7. 
Ascon, in Cic. 

Sometimes the law allowed the accuser and defendant to choose 
the judices ', in which case they were said Judices edbre, and the 
jwJice^- were called EDITITII, Cic. pro Murmn. 23. Plane. 15. 17. 
Thus by the Servilian law of Glaucia against extortion, the accuser 
was ordered to name from the whole number o^jiidices an hundred, 
and from that hundred the defendant to choose fifty. By the Lici- 
nian law, de sodalitiis, the accuser was allowed to name the jury 
from the people at large, Cic. pro Plane. 17. 

The judices or jury being thus chosen, were cited by a herald. 
Those who could not attend produced their excuse, which the prae- 
tor might sustain (accipere) or not, as he pleased, Cic. Phil. v. 5. 

When they were all assembled, they swore to the laws, and that 
they would judge uprightly, Cic. pro Rose. Am. 3. hence called Ju- 
RATi Homines, Cic. 1. Act. in Verr. 13. The prsetor himself did 
not swear, ibid. 9. Then their names were marked down in a book, 
{libellis consignabantur,) and they took their seats, {subsellia occu- 
pabant,) Ascon. in Verr. act. i. 6. 

The trial now began, and the accuser proceeded to prove his 
charge, which he usually did in two actions, {duabus actionibus.) In 
the first action, he produced his evidence or proofs, and, in the se- 
cond, he enforced them. 

The proofs were of three kinds, the declaration of slaves extorted 
by torture, (QUJCSTIONES,) the testimony of free citizens, (TES- 
TES,) and writings. (TABULiE.) 

1. QU^STIONES. The slaves of the defendant were demand- 
ed by the prosecutor to be examined by torture in several trials, 
chiefly for murder and violence. But slaves could not be examined in 
this manner against their master's life, (m caput domini,) except in 
the case of incest, or a conspiracy against the state, Cic. Topic. 34. 
Mil. 22. Dejot. 1. Augustus, in order to elude this law, and sub- 
ject the slaves of the criminal to torture, ordered that they should be 
sold to the public, or to himself, Dio. Iv. .5. Tiberius, to the public 
prosecutor ; Mancipari publico actori jubet. Tacit. Annal. ii. 
30. iii. 67. but the ancient law was afterwards restored by Adrian 
and the Antonines, D. xlviii. 18. de qucest. 

The slaves of others, also, were sometimes demanded to be ex- 
amined by torture ; but not without the consent of their master, and 
the accuser giving security, that if they were maimed or killed du- 
ring the torture, he would make up the damage, ibid. 

When slaves were examined by torture, they were stretched on a 
machine, called ECULEUS, or Equuleus, having their legs and 
arms tied to it with ropes, {fidiculis, Suet. Tib. 62. Cal. 33.) and 



JUDICIAL PROCEEDINGS, &c. 223 

being raised upright, as if suspended on a cross, their members were 
distended by means of screws, {per cochleas,) sometimes till they 
were dislocated, {ut ossium compago resolveretur ;) hence Eculeo 
longior f actus, Senec. epist. 8. To increase the pain, plates of red 
hot iron, {lamincB candentes,) pincers, burning pitch, &c. ^vere applied 
to them. But some give a difterent account of this matter. 

The confessions of slaves extorted by the rack, were written down 
on tables, which they sealed up till they were produced in court, 
Cic. Phil. 22. Private persons also sometimes examined the slaves 
by torture, Cic. pro Cluent. 63. 66. 

Masters frequently manumitted their slaves, that they might be 
exempted from this cruelty, Liv. viii. 15. Cic. Mil. 21. for no Ro- 
man citizen could be scourged or put to the rack, Cic. Verr. v. 63. 
But the Emperor Tiberius subjected free citizens to the torture, Dio. 
Ivii. 10. 

2, TESTES. Free, citizens gave their testimony upon oath, 
(jurati.) The form of interrogating them was, Sexte Tempani, 
QU^RO ex te, arbitrerisne, C Sempronium in tempore pugnam in- 
isse ? Liv. iv. 40. The witness answered, Arbitror vel non arbi- 
TROR, Cic. Acad. iv. 47. pro Font. 9. 

Witnesses were either voluntary or involuntary, QuinctiL v. 7. 9. 
With regard to both, the prosecutor, {actor vel accusator) was said, 
Testes dare, adhibere, citare, colligere, edere, proferre, subornarCf 
vel producere, Cic. Verr. i. 18. v. 63. Fin. ii. 19. Juvenal, xvi. 29. 
&c. Testibus uti, Cic. Rose. Am. 36. With regard to the latter, 
lis testimonium denunciare to sum.mon them under a penalty, as 
in England, and among us, by a writ called subpoena, Cic. ibid, 38. 
in Verr. i. 19. Invitos evocare, Plin. Ep. iii. 9. The prosecutor only 
was allowed to summon witnesses against their will, QuinctiL v. 7. 
9. Plin. Ep. V. 20. vi. 5. and of these a different number by different 
laws, Val. Max. viii. 1. Frontin. de limit. 5. usually no more than ten, 
D. de testib. 

Witnesses were said Testumonium dicere, dare, perhibere, prcB- 
bere, also pro testimonio audiri, Suet. Claud. 15. The phrase de- 
fositiones testium, is not used by the classics, but only in the civil 
law. Those previously engaged to give evidence in favour of any 
one, were called Alligati, Cic. ad Fratr. ii. 3. Isidor. v. 23. if in- 
structed what to say, sueornati, Cic. Rose. Com. 17. Plin. Ep. iii. 9. 

Persons might give evidence, although iibsent, by writing, {per 
tabvlas ;) but it was necessary that this should be done voluntarily, 
and before witnesses, {prasentibus signatorihus,) QuinctiL v. 7. 

The character and condition of Avitnesses were particularly at- 
tended to, {diligenter expendebantur,) Cic. pro Flacc. 5. 

No one was obliged to be a witness against a near relation or 
friend, by the Julian law, /. 4. D. de Testib. and never {nwre majo- 
rum) in his own cause, (de re sua,) Cic. Rose. Am. 36. 

The witnesses of each party had particular benches in the Foruntt 
on which they sat, Cic. pro Q. Rose. 13. QuinctiL v. 7. 



224 ROMAN ANTIQUITIES. 

Great dexterity was shown in interrogating witnesses, Cic. pre 
Place. 10. Donat, in Term. Eunuch, iv. 4. v. 33. Quinctil. v. 7. 

Persons of an infamous character were not admitted to give evi- 
dence (testes non adhibiti sunty) and therefore were called INTES- 
TABILES, Plant. CurcuL i.b.v.SO. Horat. Sat. ii. 3. v, 181. 
GelL vi. 7. vii. 18. as those likewise were, who being once called as 
witnesses, {antestati, v. in testimonium adhibiti,) afterwards refused 
to give their testimony, GelL xv. 13. Women anciently were not 
admitted as witnesses. GelL vi. 7. but in after times they were, Cic, 
Verr. i. 37. 

A false witness, by the law of the Twelve Tables was thrown 
from the Tarpeian rock, GelL xx. 1. but afterwards the punishment 
was arbitrary, /. 16. D. de Testib. et Sent. v. 25. § 2. except in war, 
where a false witnesss was beaten to death with sticks by his fellow- 
soldiers, Polyb. vi. 35. 

3. TABULiE. By this name were called, writings of every kind, 
which could be of use to prove the charge ; particularly account- 
books, (tabulce accepti et expensi,) letters, bills or bonds, {syngra- 
ph(B,) &c. 

In a trial for extortion, the account-books of the person accused 
were commonly sealed up, and afterwards at the trial delivered to 
the judges for their inspection, Cic. Verr. i. 23. 61, Balb. 5. The 
ancient Romans used to make out their private accounts, {labulas 
sc. accepti et expensi conjidere vel domesticas rationes scribere,) and 
keep them with great care. They marked down the occurrences 
of each day first in a note-book, (adversaria, -orum,) which was 
kept only for a month, {menstrua erant ;) and then transcribed them 
into what we call a Ledger, {codex vel tabnlce,) %vhich was preserved 
for ever, Cic. Quinct. 2. but many dropped this custom after the 
laws ordered a man's papers to be sealed up when he was accused 
of certain crimes, and produced in courts as evidences against him, 
Cic. Verr. i. 23. 39. Rose. Com. 2. C<£L 7. Att. xii. 5. Tusc. v. 33. 
Suet. CcBs. 47. 

The prosecutor having produced these different kinds of evidence, 
explained and enforced them in a speech, sometimes in two or more 
speeches, Cic. in Verr. • Then the advocates of the criminal rephed; 
and their defence sometimes lasted for several days, Jscon. in Cic. 
pro Cornel. In the end of their speeches (in epilogo vel peroratione,) 
they tried to move the compassion of the judices, and for that pur- 
pose often introduced the children of the criminal, Cic. pro Sext. 69. 
In ancient times only one counsel were allowed to each side, P/m. 
Ep. i. 20. 

In certain causes, persons were brought to attest the character 
of the accused, called Laudatores, Cic. pro Balb. 18. Cluent. 69. 
Fam. i. 9.. Fin. ii. 21. Suet. Aug. 56. If one could not produce at 
least ten of these, it was thought proper to produce none, (quam il- 
ium quasi legitimum numeruni consuetudinis non explere,) Cic. Verr. 
V. 22. Their declaration, or that of the towns from which they 
came, was called LAUDATIO, ibid, 4' Fain, 3. 8= 6. which word 



JUDICIAL PROCEEDINGS^ &c. 225 

commonly signifies a funeral oration delivered from the Rostra in 
praise of a person deceased, by some near relation, Cic. (h Oral. ii. 
84. Lh. V. 50. Suet. Oes. vi. 84. ^ug. lOi. Tib. 6. Tacit. Annal v. 
1. xvi. 6. by an orator or chief magistrate, Plin. Ep. ii. 1. 

Each orator, when he finished, said DIXI ; and when all the 
pleadings were ended, a herald called out, DIXERUNT, vel -ere, 
Ascon, in Cic. Donat. in Ter. Phorm. ii. 3. 90. & sc. 4. 

Then the praetor sent the judices to give their verdict, {in consi- 
lium mitlebat, ut sententiam fervent vel dicerent^) Cic. Verr. i. 9. 
Cluent. 27. 30. upon which they rose and went to deliberate for 
a little amon^ themselves, ibid. Sometimes they passed sentence 
{senientias ferebant) viva voce m open court, but usually by ballot. 
The prffitor gave to each judex three tablets : on one was written 
the letter C, for condemnor I condemn ; on another, the letter A, for 
ahsolvo, 1 acquit ; and on a third, N. L. non liquet, sc, mihi^ I am not 
clear, Ciss. B. Civ. iii. 83. Each o^ the judices threw which of these 
tablets he thought proper into an urn. There was an urn for each 
order of judges ; one for the senators, another for the equites^ and a 
third for the iribuni cerarii, Cic. ad Q. Fratr. ii. 6. 

The prastor, having taken out and counted the ballots, pronounced 
sentence according to the opinion of the majority, (ex plurium sen' 
tentia,) in a certain form. If a majority gave in the letter C, the 
preetor said Videtur fecisse, i. e. guilty, Cic. Verr. v. 6. Acad. iv. 
47. If the letter A. No?j videtur fecisse, i. e. not guilty. If N. L. 
the cause was deferred (causa am pli at a est.) Ascon. in Cic. 

The letter A was called LITERA SALUTARIS, and the tablet 
on which it was marked, tarella absolutoria, Suet. Aug. 33. and 
C, litera TRISTIS, Cic. Mil. 6. the tablet, damnatoria, Suet. ibid. 
Among the Greeks, the condemning letter was €>, because it was the 
first letter of ^ava^o^, death : hence called moriiferum^ Martial, vii. 
36. and nigrum, Pers. Sat. 4. v. 13. Their acquitting letter is un- 
certain. 

It was anciently the custom to use white and black pebbles {la- 
pilli vel calculi) in voting at trials ; Mos erat antiquis niveis atrisque 
lapillis. His damnare reos, illis absohert culpa, Ovid. Met. xv. 41. 
Hence causa paucorum calculorum, a cause of small importance, 
where there were few judges to vote, Quinctil. viii. 3. 14. Omnis 
calculus immitem demittiiur ater in urnani, i. e. he is condemned by 
all the judges, Ovid. ibid. 44. Reporiare calculum deteriorem, to be 
condemned ; rneliorem^ to be acquitted, Corp. Juris. — Errori album 
calculum adjicere, to pardon or excuse, Plin. Ep. i. 2. To this Ho- 
race is thought to allude, Sat. ii. 3. 246. Creta an carbone notandi ? 
are they to be approved or condemned ? and Persius, Sat. v. 108. 
but more probablyto the Roman custom of marking in their kalen- 
dar unlucky days with black, {carbone, with charcoal ; whence dies 
atri for infausli,) and lucky days with white, {creta vel cressd nota, 
with chalk, Horat. Od. i. 36. 10. called Creta, or terra Cressa vel 
Cretica, because it was brought from that island :) Hence notare vel 

29 



226 ROMAN ANTIQUITIES. 

signare diem lactea gemma vel albuf meliorihns lapilUs^ vel alhis caU 
cults, to mark a day as fortunate, Martial, viii. 45. ix. 53. xi. 37. Pers. 
Sat. ii. 1. Plin. Ep. vi. 11. This custom is said to have been borrow- 
ed from the Thracians, or Scythians, who every evening, before they 
slept, threw into an urn or quiver, a white pebl)le, il' the day had 
passed agreeably ; but if not, a black one : And at their death, by 
counting the pebbles, their life was judged to have been happy or 
unhappy, Plin. vii. 40. To this Martial beautifully alludes, xii. 34. 

The Athenians, in voting about the banishment of a citizen, who 
was suspected to be too powerful, used shells, (o(rT^axa leslm vel ies- 
tula:,) on which, those who were for banishing him wrote his name, 
and threw each his shell into an urn. This was done in a popular 
assembly ; and if the number of shells amounted to 6000, he was 
banished for ten years, {testarum suffragiis) by an ostracism, as it 
was called, Nep. in Themiat. 8. Aristid. 1. Cim. 3. Diodorus says, 
for five years, xi . 55. 

When the number of judges who condemned, and of those who 
acquitted, was equal, the criminal was acquitted, Clc. Cluent. 27. 
Plutarch in Mario. (See p. 88.) Calculo Minerv/E, by the vote of 
Minerva, as it w^as termed ; because when Orestes was tried before 
the Areopagus at Athens for the murder of his mother, and the judges 
were divided, he was acquitted by the determination {smtcntia) of 
that goddess, Cic. pro Mil. 3. et ibi Lamlin. JEschyl. Eumnnd. v, 
738. In allusion to this, a privilege was granted to Augustus, if the 
number of the judices, who condemned, was but one more than 
those that acquitted, of adding his vote to make an equality ; and 
thus of acquitting the criminal, Dio. li. 19. 

While ihejudices were putting the ballots into the urn, the crimi- 
nal and his friends threw themselves at their feet, and used every 
method to move their compassion, Faler. Max.\u\. 1. 6. Ascon. in 
Cic. pro M. Scauro. 

The praetor, when about to pronounce a sentence of condemna- 
tion, used to lay aside his toga prcetexla, Plutarch, in Cic. — Senec. 
de Ira. I. 16. 

In a trial for extortion, sentence was not passed after the first ac- 
tion was finished ; that is, after the accuser had finished his plead- 
ing, and the defender had replied ; but the cause was a second time 
resumed, {causa itcrum dicebalur vel agebatur,) after the interval of 
a day, or sometimes more, (especially if a festival intervened, as in 
the case of Verres, Cic. Verr. i. 7.) which was called COMPEREN- 
DINATIO, or -atus, -tus, Cic. Verr. i. 9. et ibi, Ascon. <^c. Then 
the defender spoke first, and the accuser replied ; aftei* which sen- 
tence was passed. This was done, although the cause was perfect- 
ly clear, by the Glaudan law ; but before that, by the Arilian law, 
crimna's were condemned after one hearing, (stmel dicta causa, sc- 
met auditis testibus,) ibid. 

When there was any obscurity in the cause, and ihejudices were 
uncertain whether to condemn or acquit the criminal, which they 
expressed by giving in the tablets, on which the letters N. L. were 



JUDICIAL PROCEEDINGS, &c. 5J27 

written, and the praetor, by pronouncing AMPLIUS, Cic» ihid, the 
cause was deferred to any day the praetor chose to name. This wa^ 
called Ampli Alio, and the criminal or cause was said ampliari; which 
sometimes was done several tin:>es, and the cause pleaded each time 
anew, Cic. Brul.22. Bis ampliatus, terlia absolutes est reus^ Liv. xliii, 
2. So iv. 44. Causa L. Cot Ice septies ampliata^ cl ad nltimum octavo 
judirio ahsoluta est, Valer. Max. viii. 1. II. Sometimes the praetor, 
to gratify the criminal or his friends, put off the trial till he should 
resign his office, and thus not have it in his power to pass sentence 
(ne dicer et jus) upon him, Liv. xli. 22. 

If the criminal was acquitted, he went home and resumed his usual 
drass {sordido habitii posito, albam togam resumebat). If there was 
ground for it, he might bring his accuser to a trial for false accusa- 
tion, (r-ALUMxi^,) or for what was called PRiEVARICATIO ; that 
is, betraying the cause of one's client, and by neglect or collusion 
assisting his opponent, Cic, Topic. 36. Pint, Epist. i. 20. iii. 9. 
Quinclil. ix. 2. 

Pk.^.v.\ricari, comp. of prce et varico, v. -or (from varus, bow or 
bandy-legged, 6'/v/ra incurva habeas), signifies properly to straddle, to 
stand or walk wide, with the feet too far removed from one another, 
not to go straight, [arator, nisi incurvns, prasvaricatur, i. e. noii reC' 
turn sulcum ogit, vel a recto suico diverlit. Plin.) Hence, to shuffle, 
to play fast and loose, to act deceitfully, (m cordrariis causis quasi 
varie esse posilus, Cic. ibid.) 

If the criminal was condemned, he was punished by law accord- 
ing to the nature of his crime. 

Under the emperors most criminal causes were tried in the senate, 
Dio. Ivii. 16. alibi passim, who could either mitigate or extend the 
rigour of the laws, (mitignre leges et intendere,) Plin. Ep. ii. II. iv. 
9. although this was sometimes contested ; {aliis cognitionem sena* 
ids lege co iclusani, aliis liberam solutamcjue dicf.ntibns,) id. 

If a person was charged with a particular crime, comprehended in 
a particular law, select judges were appointed; but if the crimes 
were various, and of an atrocious nature, the senate itself judged of 
them, Plin. ii. 10. as the people did formerly ; whose power Tiberius, 
by the suppression of the Comitla, transferred to the senate. Tacit, 
Aannl. i. \^. When any province complained of their governors, 
and sent ambassadors to prosecute them, (legatos vel inquisilores 
mittebant, qui in cos inpnsitionem postulurent,) the cause was tried in 
the senate ; who appointed certain persons of their own number to 
be advocates, Pliu. Ep. ii. 11. iii. 9. commonly such as the province 
requested, ibid. iii. 4. 

When the senate took cognizance of a cause, it was said suscipere 
vel recipere cognitionem, and dure inquisitioncm, Plin. Ep. vi. 29. 
when it appointed certain persons to plead any cause, dare advoca- 
Tos, V. HATRovos, /f/. ii. 1 1, iii. 4. vi. 29. vii. 6. 33. So the em- 
peror. Id. vi. 22. Wlien several advocates either proposed or ex- 



228 ROMiiN ANTIQUITIES. 

cused themselves, it was determined by lot who should manage the 
cause, (ncmina m urnam conjecta sunt^) Id. x. 20, 

When the criminal was brought into the senate-house by the lie- 
tors, he was said esse inductus, /c/.»ii. 11. 12. v. 4. 13. So the prO" 
secutors, Id. v. 20. 

When an advocate began to plead, he was said dcscenchre ut actu- 
rus, ad agendwn vel ad accusandum, Id. v. 13. because perhaps he 
Btood in a lower place than that in which the judges sat, or came 
from a place of ease and safety, to a place of difficulty and danger ; 
thus [dtsccndere in aciem, v. prceiium, in. campurriy v. forum, <^c.) to go 
on and finish the cause, causam perngere v. perferre, ib. If an advo- 
cate betrayed the cause of his client, (si prcevaricatus csset,) he was 
suspended from the exercise of liis profession, {ei advocatiojiibus, m- 
ttrdictum est,) or otherwise punished, ibid. 

An experienced advocate commonly assumed a young one in the 
same cause with him, to introduce him at the bar, and recommend 
him to notice, (producere^ ostendere famoi, et assignare faimSf Plin. 
Ep. yi. 23.) 

After the senate passed sentence, crimioals used to be executed 
without delay= But Tiberius caused a decree to be made, that no 
one condemned by the senate should be put to death within ten 
days ; that the emperor, if absent from the city, might have time to 
consider their sentence, and prevent the execution of it, if he 
thought proper, Dio. Ivii. 20. Iviii, 27. Tacit, AnnaL iii. 5L SueL 
Tib, 75. Senec. iranq. an. 14. 

5. Different Kinds of Punishments among the Romans, 

Punishments am.ong the Romans were of eight kinds. 

1. MUIiCTA vel damnum., a fine, whiah at first never exceeded 
two oxen and thirty sheep, or the valuation of them. See Lex 
Ateria, Liv. iv. 30. But afterwards it was increased. 

2. VINCULA, bonds, which included public and private cus- 
tody ; public, in prison, into which criminals were thrown after 
confession or conviction, Cic. de Divin. i. 25. Tacit, iii. 5i. and ;}rj- 
-oaie, when they were delivered to magistrates, or even to private 
persons, to be kept at their houses, {in libera custodia, as it was call- 
ed,) till they should be tried, Sallust. Cat. 47. Liv. xxxix. 14. Ta- 
cit, vi. 3. 

A prison (CARCER) was first built by Ancus Martins, Liv. i. 
33. and enlarged by Servius Tullius ; whence that part of it below 
ground built by him, was called TULLIANUM, Sallust. Cat. 55. 
Varr. de Lat. ling. iv. 32. or LAUTUMIiE, i. e. loca ex quibus 
lapidts excisi sunt, Fest. in voce. Liv. xxvi. 27. xxxii. 26. xxxvii. 
5. xxxix. 44. in allusion to a place of the same kind built by Dio- 
nysius at Syracuse, Cic. Verr. v. 27. 5:\ Another part, or, as some 
think, the same part, from its security and strength, v>^as called RO- 
BUR, or robus, Festus. in voce. Liv. xxxviii. 59. Valer. Max. vi. 
3. 1. Tacit. Annal iv. 29. 

Under the name of vincula w^ere comprehended catena^ chains j 



JUDICIAL PROCEEDINGS, (fee. 22d 

compedes vel pediccBj fetters or bonds for the feet : manicay mana- 
cles or bonds for the hands ; Nervus, an iron bond or shackle for 
the feet or neck, Festus in voce ; also a wooden frame with holes, 
in which the feet were put and fastened, the stocks j sometimes 
also the hands and neck; called likewise Columnar, Piaut. Rud, 
iii. 6. 30. Liv. viii. 28. Boiat, leathern thongs, and also iron chains, 
for tying the neck or feet, Plaut. Asia. iii. 3. 5. 

3. VERBERA, beating or scourging, with sticks or staves {fus' 
tibus) ; with rods, {virgis ^) with whips or lashes, [fiagtllis.) But 
the first were in a manner peculiar to ihe camp, where the punish- 
ment was called Fustuarium, and the last to slaves, Horat. Epod, 
4. Cic. Robir. perd, 4. Juvenal, x. 109. Cic. Verr. iii. 29. Rods only 
were applied to citizens, and the use of these too were forbidden by 
the Porcian law, Liv. x. 9. Sallust. Cat. 51. Cic. ib. But under 
t\iQ emperors citizens were punished witfi these, and more severe 
instruments, as with whips loaded with lead, ( palumhatis,) &c. 

4. TALIO, {similitndo supplicii vel vindiclce, hoslimentum,) a 
punishment similar to the injury, an eye for an eye, a limb for a 
limb, &c. But this punishment, although mentioned in the Twelve 
Tables, seems very rarely to have been inflicted, because by law 
the removal of it could be purchased by a pecuniary compensation, 
{lalio vel pmna redimi potcral,) Gell. xx. 1. 

5. IGNOMINIA vel Infamia. Disgrace or infamy was inflicted 
(inurekatu?' vel irrogabalur), either by the censors, or by law, and 
by the edict of the prsBtor. Those made infamous by a judicial 
sentence, were deprived of their dignity, and rendered incapable 
of enjoying public offices ; sometimes also of being witnesses, or of 
making a testament; hence called Intestabiles, Digest. 

6. EXILIUM, banishment. This word was not used in a judi- 
cial sentence, but A^vm kt ignis interdictio, forbidding one the 
use of fire and water, whereby a person was banished from Italy, 
but might go to any other place he chose. Augustus introduced 
two new forms of banishment, called Deportatio, perpetual ban- 
ishment to a certain place : and Relegatio, either a temporary or 
perpetual banishment of a person to a certain place, without depriv- 
ing him of his rights and fortunes. See p. 66. Sometimes per- 
sons were only banished from Italy (iis Italia inierdictum) for a lim- 
ited time, Plin. Ep. iii. 9. 

7. SERVITUS, slavery. Those were sold as slaves who did not 
give in their names to be enrolled in the censor's books, or refused 
to enlist as soldiers ; because thus they were supposed to have vo- 
luntarily renounced the rights of citizens, Cic. Cttcin. 34. See p. 66. 

8. MORS, death, was either civil or natural. Banishment and 
slavery were called a civil death. Only the most heinous crimes 
were punished by a violent death. 

In ancient times it seems to have been most usual to hang male- 
factors, (infelici arbori suspendere,) Liv. i. 26. afterwards to scourge, 
{virgis ccedere) and behead them, {securi percutere,) Liv. iii. 5. vii. 19. 
xxvi. 15. to throw them from the Tarpeian rock, {de saxo Tarpeio 



230 IIOMAN AxNTIQUlTIES, 

dejicere.) Id. vi. 20. or from that place in the prison called Robue, 
Fcstus. Valer. Max. vi. 31. also to strangle them {larpieo frulam, 
gutttir, vel ce.rvicem frmigrre)^ in prison, Id. v. 4. 7. Satlusl. Cat. 55. 
Cic. Valin. 11. Lvcan.W. 154. 

The bodies of criminals, when executed, were not burnt or bu- 
ried ; but exposed before the prison, usually on certain stairs, call- 
ed Gejmoni^ sc. scales, vel Gkmomi giadas {qudd gemilus locus es- 
set ;) and then dragged with a hook, {unco iracli,) and ihiown into 
the Tiber, Suet. T,b. 53. 61. 75. ViUll. 17. Tacit. Hist. iii. 74. Plin. 
viii. 40. 5. 61. FaUr. Max. vi. 3. 3. Juvenal, x. 66. Sometimes, 
however, their friends purchased the right of burying them. 

Under the emperors, several new and more severe punishments 
were contrived ; as, exposing to wild beasts, {ad beslius damnatin,) 
burning alive, {viiicomburium,) &c. When criminals were burnt, 
Ihey were dressed in a tunic besmeared with pitch and other com- 
bustible matter; called TUNICA MOLESTA, Sen cc. Ep. 14. Ju- 
venal, viii. 235. i. 155. Martial, x. 25. 5. as the Christians are sup- 
posed to have been put to death, Tacit. .4nnal. xv. 44. Pitch is 
mentioned among the- instruments of torture in more ancient times. 
Plant. Capt. iii. 4. 65. Lucret. iii. 1020. 

Sometimes persons were condemned to the public works, to en- 
gage with wild beasts, or fight as gladiators, Plin. Ep. x. 40. or 
were employed as public slaves in attending on the public baths, in 
cleansing common sewers, or repairing the streets and highways, Id, 

Slaves, after being scourged {sub fnrca ccesi), were crucified (in 
crnctm acti sn7tt,) usually with a label or inscription on their breast, 
intimating their crime, or the cause of their punishment, Dio. liv. 
3. as was commonly done to other criminals when executed. Suet, 
Cal. 32. Dom. 10. Thus Pilate put a title or superscription on the 
cross of our Saviour, Matt, xxvii. 37. John xix. 19. The form of 
the cross is described by Dionysius, vii. 69. Vedius Pollio, one of 
the friends of Augustus, devised a new species of cruelly to slaves, 
throwing them into a fish pond, to be devoured by lampreys, {mu- 
rcencB,) i im. ix. 23. s. 39. Dio. liv. 23. 

A person guilty of parricide, that is, of murdering a parent or any 
near relation, after being severely scourged, {sanguineis virgis ca- 
sus,) WSLS sewed up in a sack, {culeo insatus,) with a dog, a cock, a 
viper, and an ape, and then thrown into the sea or a deep river, 
Cic. pro Rose. Amer. ii. 25, 26. Senec. Clem. i. 23. 

RELIGIOK of the EEATHEK—ORIGIX of POL YTHEISM. 

Teis is a very extensive subject, and would require of itself a 
volume. We can only give a few general sketches, interspersing 
some hints, which will show the necessity and propriety of seeking 
further information from other sources. Some have aipposed the 
groupe of Heathen Deities to have taken rise from the custom in- 
troduced by the Poets, and practised both by Philosophers and Ora- 
tors, of personifying the VIRTUES and VICES of the human 
heart : and no doubt there is some foundation for this opinion. If 



RELIGION OF THE HEATHEN, &c. 231 

the deities of the nations, their various characteristics and attributes, 
be considered, it will immediately appear that their numbers have 
been increased, their characters embellished, and their exploits 
emblazoned by this circumstance. We cannot, consistently with 
our plan, give many instances of the truth of this observation. One 
or two must suffice. MINERVA is the goddess of wisdom, and she 
sprung from the brain o{ Jupiter, by the stroke of Vulcan^ s hammer. 
May we not clearly interpret this generation of wisdom's goddess, 
upon well known and obvious principles ? Wisdom has always been 
supposed to be seated in the head ; it is the fruit of much labour 
and application ; it cannot be acquired in a high degree without 
great mental exertions ; and it proceeds, as does every good gift, 
from the Most High, Hence the fiction of MINERVA'S being ge- 
nerated from the head of JUPITER, the king of the gods, by the 
stroke of V^ULCAN, the most laborious and industrious among the 
deities. VENUS is the goddess of beauty, and said to be produced 
from the foam of the sea, near the island of Cylhera, Beauty is a 
female quality, highly prized ; though a dangerous and precarious 
accomplishment. The splendour and instability of froth, as well as 
its emptiness, are fit emblems of beauty. The GRECIAN islands 
are to this day famous for producing beautiful women ; and the sea 
is a most dangerous element to man. 

2. Others have conceived the deities of the heathens to be no 
other than the great men and heroes of the earth : and their exploits, 
to be only their history, adorned and embellished by the Orators 
and Poets. Facts almost innumerable will justify this hypothesis. 
BELUS was an Assyrian monarch, and was worshipped after his 
decease as a god, und*er the name of BEL. JUPITER was the 
king of the gods, and born in Crete. A person of that name was 
really king there, exercised his sovereignty over that beautiful isl- 
and, and was deified. 

3. Others have supposed that many of the deities took their ori- 
gin from the perversion or misapprehension of Scripture pasi^ages^ 
faintly handed down by tradition. Thus the character of BAC- 
CHUS has been thought to be formed from those of Koah^ Moses, 
and Joshua : and, surely, if we examine scripture accounts, and 
compare them with the character of BACCHUS, we shall find 
some ground for this supposition, BACCHUS was the god of wine ; 
bore a spear entwined with vine-leaves ; was the conqueror of 
India ; always young ; and performed many miraculous exploits. 
NOAH planted a vineyard, and was intoxicated with the fruit of 
the vine. The thyrsus and youth of BACCHUS, and the rod and 
perpetual vigour of Moses ; as well as the conquests and youth of 
Joshua, and those of Bacchus, bear a strong resemblance. Thus, 
also, HERCUI.es has been taken for the SAMSON of the Bible. 
It is needless to state the parallel in detail, the general resemblance 
must strike us very forcibly : both of them were remarkable for 
their great strength, displayed in the destruction of wild beasts ; 
both of their lives were subject to continual disquiet and danger ; 



232 ROMAN ANTIQUITIES. 

both were slaves to female caprice, and remarkable for their attach- 
ment to women : and a woman was eventually the ruin of both. A 
detailed comparison between Moses and Bacchus shows still more 
clearly the justice of the remark, that scripture history (misrepre- 
sented or perverted,) has furnished materials for forming the cha- 
racters of the heathen gods.* Various derivations have been as- 
signed to the name JUPITER, otherwise written JOVIS PATER, 
or DIISPATER, the father and king of the gods ; and it appears 
clear, that the word will admit of different etymologies, according 
to the view in which it is considered, and the language whence it 
may be supposed to spring. The word Jupiter, may be easily formed 
from the two Greek words Zeug and '^rary]^, in the vocative case, or 
state of invocation, Zivn-arn^, and its meaning or signification may be 
then readily discovered : Zsuj;, Zac, Zt]?, or Zrjv, being clearly deriv- 
ed from Zaw vivo, and the proper meaning will then be father 
of life. Again, Jovis pater, another of the names by which this god 
is distinguished, is a compound word, the first part of which is com- 
monly found in the oblique cases only, and may be derived from the 
Hebrew n^'. JAH or JEHOVAH, / am, or / am that I am ; pointing 
out the self-sufficiency, immutability, eternity, and incomprehensi- 
bility of the Deity. From which it appears, thai the name and at- 
tributes of the true God, perverted or misapprehended by tradition, 
have given occasion to the various characters and worship applied 
to Jupiter. 

4. The Trinity of the Scriptures, which in itself is a mystery in- 
comprehensible by reason, has, in like manner, doubtless, given 
birth to the tryad of Plato, of the Persians, Indians, and other na- 
tions ; and the attempts to explain the doctripe of the Trinity, from 
principles of reason, have probably given rise to the immense mul- 
titude of heathen deities. 

5. Others, with great appearance of reason, have derived the ori= 

* The parallel between the Muses and BACCHUS, prosecuted in detail, is as follows: 

1. Mysns, one of the names of BACCHUS, and Moses, both signify saved or drawn 
from the water. 

2. BACCHUS with his Thyrsus or rod, fought against the Giants. — Moses con- 
tended against the giant magicians Jannes and Jumhres. 

3. Bacchus was brought up in Nysa, a City or Mountain in Arabia. — Moses re- 
ceived the Law on Mount Sinai in Arabia: these two names by transposition are 
the same. 

4. BACCHUS was for some time secretly nursed by his aunt Ino, and afterwards 
delivered to be brought up by the nymphs. — Mosts was for a time secretly nursed by 
his mother, afterwards exposed among the marshes formed by tlie Nile, taken up by 
the daughter of Pharaoh, and her Nymphs, and by her delivered to be nursed, and 
brouglit up by his mother. 

6. BACCHUS collected a large ^.Yuxy \x\ Egypf , consisting of men, women, and 
children, and passed through the desert, in order lo punish a wicked and rebellious 
nation. — Moses, in like manner crossed the desert with the Israelites, composing a 
large hody of 600,000 men, besides women and children, for the extirpation of an 
impious and idolatrous nation. 

6. The youthful vigour of STosf.s was preserved by divine power.—The perpetual 
youth of BACCHUS was constantly celebrated by the Poets. 

7. BACCHUS'S faithful dog was his constant companion in all his travels. — Cahb. 
the faithful companion of Bloses, among other things, signifies a dog. 



HELIGION OF THE HEATHEN, &c. 233 

gin of many of the heathen deities from the heavenly bodies ; which 
were first the subjects of admiration, and afterwards the objects of 
worship, on account of the extensive benefits derived from them to 
mankind. Thus PHCEBUS, *o.,5oc, otherwise called APOLLO, 
from (?w?, was the god of the sun, sometimes also called SOL. DIA- 
NA on earth, was LUNA in heaven. CASTOR and POLLUX, 
ANDROMEDA, and others, were stars, and TELLUS, the god- 
dess of the earth. For the same reason, viz. for the benefits, 'real 
or supposed, to be derived from them to man, adoration was paid to 
the deities of rivers, lakes, fountains, &,c. 

6. Still further: ALLEGORY has been sometimes successfully 
applied to account for the worship of many of the heathen deities. 
Thus MATTER, and its various modifications, are supposed to have 
been contemplated, especially by the Pythagoreans, under the names 
and characters of various gods. Thus the SATUFvNUS of the 
Romans, who was the Seater of the Saxons, and X^ovoj of the Greeks, 
is supposed to mean original matter, or the hidden secret state of 
matter, out of which all visible forms are generated, and into which 
they sink again : whence this deity is said to have devoured his own 
children ; and because this decay of forms is the work of time, he 
is called X^ovosr. He is fabled to have been married to OPS, because 
matter when united to form becomes visible : and OPS is called the 
mother of the gods, because the elements which they deified, were 
no objects of worship, till they were in a formed state, and became 
visible. 

In confirmation of this sentiment, the Saxon Idol Seater, was re- 
presented by symbols, expressive of this physiological character. 

PROTEUS, also, who had the faculty of transforming himself in- 
to all shapes, has been supposed to represent the same first or pri- 
mordial matter, which is capable of all forms. The SATYFtS, whose 
name and signification are nearly allied to Saturn, are therefore said 
to have hid themselves in mM, which is an equivocal term, and signi- 
fies either wood or matter. It may be remarked, though rather fo- 
reign to our purpose, that Woden or Goden, (the letters W. 
and G being convertible, and frequently used the one for the 
other, as in GALLIA and WALLIA,) was one of the Saxon gods, 
the god of war, and in very high estimation among the ancient Ger- 
mans, and that our term for the Deity, viz. GOD, is borrowed from 
the Saxon, omitting the termination. The adjective, good, may 
have the same etymology. 

We need not be surprised, therefore, to find that the gods of the 
Romans, hereafter mentioned, were very numerous : for they read- 
ily adopted the gods of the nations which they conquered ; and 
sometimes conveyed their statues or images, with great ceremony, 
and at a vast expense, from foreign parts. So pliable was the spi- 
rit of Polytheism, that the worship of different deities seldom occa- 
sioned any feuds or animosities among their devotees. 

The very idea of the existence of a multiplicity of gods, naturally 

30 



234 ROMAN ANTIQUITIES. 

relaxes the severity of religious sentiment ; the homage paid is mere- 
ly external ; it does not engage the heart ; and the mind, distracted 
by unlimited variety, and without any fixed and determinate object 
of worship, readily distributes a portion of its regard, to gratify the 
partiality of a neighbour or friend. 

For these reasons, although the senate considered themsc'ves the 
guardians of the public religion, and particular officers, called (zdiles, 
were annually appointed, whose duty it was, among other things, to- 
prevent the introduction of new gods, or of new religious ceremonies ; 
so loose where the religious principles of the Romans, that the intro- 
duction or rejection of foreign deities rarely excited any alarm, and 
never produced any dangerous commotion. 

The Christian system, on the contrary, not only because it com- 
bated their prejudices, and opposed the deep-rooted and favourite 
corruptions and passions of the human heart ; but because it nar- 
rowed the basis of religious homage, and condemned both the prin- 
ciples and practices of Pagan worship, raised the most violent re- 
sentment, and occasioned fierce and bloody persecutions. 

The Jewish religion, if its professors had not been despised for 
their obscurity, the smallness of their number, and their bigoted at- 
tachment to their own ceremonies, which were by these ignorant 
idolaters supposed to be either unnecessary, or ridiculous, would un- 
doubtedly have been attended with the same effects. 

RELIGION OF THE ROMANS. 

L Tht GODS zvhom they Worshipped, 

These were very numerous, and divided into Dii major um gen- 
iiurrif and Minorum gentium, Cic. Tusc. i. 13. in allusion to the di- 
vision of senators. See p. 14. 

The DII MAJORUM GENTIUM were the great celestial dei- 
ties, and those called Dii Selecti. 

The great celestial deities were twelve in number : Dionys. vii. 72. 

I. JUPITER, (Zeiis Ilary]^, voc. Z^u n«T£^,) the kingof G(jds and 
men ; the so« of Saturn and Rhea or Ops, the goddess of the earth ; 
born and educated in the island of Crete ; supposed to have de- 
throned his father, and to have divided his kingdom with his broth- 
ers ; so that he himself obtained the^air and earth, Neptune the sea, 
and Pluto the infernal regions ; — usually represented as sitting on an 
ivory throne, holding a sceptre in his left hand, and a thunderbolt 
(fulmen) in his right, with an eagle ; and Hehe, the daughter of Juno, 
and goddess of youth, or the boy Ganymedes, the son of Tros, his 
cup-bearer, (pincema ve\ pocillator.) attending on him ; called Ju- 
MTER Fkretrius, (« fcrcudo, quod ei spalia opima afierebantur fer- 
culo vel feretro ^esfa, Liv. i. 10. vd a ieriendo, Plutarch, in Romu- 
lo ; Omine quod cerio dux ferit ense duccm, Propert. iv. 11.46, 
Dionys. i. 34.) Eiicius, [qubd se ilium certo carmine e ccclo elicere 
posse credebant, Ovid, Fast. iii. 327. ut edoceret, qnomodo prodigia 
fulminibuSf aliove quo viso missa, curarentur vel expiarentur, ibid. &« 



RELIGION OF THE ROMANS, 235 

Liv. r. 20.) Stator Capitolinus, and Tonans, which two were 
different, and had difterent temples, Dio. Hv. 4. Suet. Aug, 29. & 
91. Takpkius, Latialis, Djkspiter, {di el ei\\ic\s pater) Optimus 
Maximus, Glvmpicus, Su.mmus, &c. Sub Juve frigldo, sub dio, under- 
the cold air, Horat. Od. i. I. 25; ii. 3. 23. Dcxtro Jove, by the fa- 
vour of Jupiter, Pers. v. 1 14. Incolumi Jove, i. e. Capilolio, ubi JupU 
ter colebaliu\ Horat. Od. iii. 5. 12. 

2. JUNO, the wife and sister of Jupiter, queen of the gods, the 
goddess of marriage and of child-birth ; — called Juno recina vel 
regia : Pro.nuba, {qudd nubentibus prcesset, Serv. in Virg. JEn. iv. 
166. Ovid. Ep. vi. 43. Sarris prcefecla mantis^ i. e. nnplialibus so» 
lemmtalihm, ib. xii. 65.) Matron a, Lucina, (qudd lucem nascenti- 
bus daret,) Moneta, {a monendo, because, when an earthquake hap- 
pened, a voice was uttered from her temple, advising the Romans 
to make expiation by sacrificmg a pregnant sow, Cic. divin. i. 45. 
ii. 3*2.) represented in a long robe, (stola) and magnificent dress: 
sometimes sitting or standing in a light car, drawn by peacocks, at- 
tended by the Auk.e, or air nymphs, and by Ikis, the goddess of the 
rainbow. Junone secunda, by the favour of, Virg. Mn. iv. 45. 

3. MINERVA or PALLAS, the goddess of wisdom ; hence said 
to have sprung {cum clifpeo prosiluisse, Ovid. P'ast. iii. 841.) from 
the brain of Jupiter, by the stroke of Vulcan ; Ter. Heaut. v. 4. 13. 
also of war and of arms ; said to be the inventress of spinning and 
weaving, {Icenijirii et ttxlurit) of the olive, and of warlike chariots ; 
Ovid. ibid. — called Armipjtfns, Tritonia xirgo, because she was first 
seen near the lake Triionis in Africa ; Allica vel Cercopia, because 
she was chiefly worshipped at Athens ; — represented as an armed 
virgin, beautiful, but stern and dark-coloured, with azure or sky-co- 
loured eyes, [glaucis occulis,'y'kavy.uTTig A&r,v/],) shining like the eyes of 
a cat or an owl, (yXauf^, -xog, noctua,)Ge\]. ii. 26. having an helmet on 
her head, and a plume nodding formidably in the air ; holding in her 
right hand a spear, and in her left, a shield covered with the skin of 
the goat Amailhea, by which she was nursed, (hence called ^GIS,) 
given her by Jupiter, whose shield had the same name, Virg, ,^n, 
viii. 354. Si ihi Serv. in the middle of which was the head of the 
Gorgon Medusa, a monster with snaky hair, which turned every one 
who looked at it into stone, ibid. 

There was a statue of Minerva, (PALLADILTM,) supposed to 
have fallen from heaven, which was religiously kept in her temple 
by the Trojans, and stolen from thence by Ulysses and Diomedes. 
Tolerare colo vitam tenuique Minerva, \. e. lanijicio iion qucusluoso, 
by spinning and weaving, which bring small profit. Virg. .^n, viii. 
409. Iniitj, Minerva, i. e. adversanlt rt repugnanle nalura, against 
nature or natural genius. Cic, Off. i. 31,. Agere alir/vid pingui Mi- 
nerva, simply, bluntly, without art, Coiumcll. 1. pr. 33. xi. 1. 32. 
Abnormis snpie)is, crassuqut J\linerva, a philosopher without rule?, 
and of strong rough common sense, Horat. Sat. ii. 2. Sus Minervam, 
so. docet, a proverb against a person, who pretends to teach those 
who are wiser than himself, or to teach a thing of which he himself 



n6 ROMAN ANTIQUITIES, 

Is ignorant, Cic. Acad. i. 4. Festus. — Pallas is also put for oil", Ovid, 
Ep. xix. 44. because she is said first to have taught the use of it. 

4. VESTA, the goddess of fire. Two of this name are mention- 
• ed by the poets ; one the mother, and the other the daughter of 

Saturn, who are often confounded : But the latter chiefly was wor- 
sfiipped at Rome. In her sanctuary was supposed to be preserved 
the Palladium of Troy, {fatale pignus imperii Romani,) Liv. xxvi. 
27. and a fire kept continually burning by a number of virgins, call- 
ed the Vestal Virgins ; brought by ^Eneas from Troy, Virg. Mn, ii. 
297. hence hie locus es Vesla, qui Pallada servat tt ignem, Ovid, 
Trist. in. 1. 39. near which was the palace of Numa, ib. 40. Orat, 
Od. i. 2. 16. 

5. CERES, the goddess of corn and husbandry, the sister of Ju- 
piter ; worshipped chiefly at Eleusis in Greece, and in Sicily : her 
sacred rites were kept very secret. — She is represented with her 
head crowned with ears of corn or poppies, and her robes falling 
down to her feet, holding a torch in her hand. She is said to have 
wandered over the whole earth with a torch in her hand, which she 
lighted at Mount iEtna : {Hinc Cereris sacris nunc quoque tceda da- 
iur^ Ovid. Fast. iv. 494.) in quest of her daughter Proserpina, who 
was carried off by Pluto.— — PLUTUS, the god of riches, is sup- 
posed to be the son of Ceres. 

Ceres is called Legijera, the lawgiver, because laws were the ef- 
fect of husbandry, Plin. viii. 56, and Arcana, because her sacred rites 
were celebrated with great secrecy, Horat. Od. iii. 2. 27. and with 
torches ; whence, el per tcedifercs mystica sacra Deee, Ovid. Ep. ii. 42. 
particularly at Eleusis in Attica, {sacra Eleusinia,) from which, by the 
voice of a herald, the wicked were excluded ; and even Nero, while 
in Greece, dared not to profane them. Suet. Ktr. 34. Whoever en- 
tered without being initiated, although ignorant of this prohibition, 
was put to death, Lib. xxxi. 14. Those initiated were called My>tje, 
Ovid. Fast. iv. 356. (a m-uw, prewio,) whence mysterium. A preg- 
nant sow was sacrificed to Ceres, because that animal was hurtful 
to the corn fields, Ovid. Pont. ii. 9. 30. Met. xv. ill. And a fox 
was burnt to death at her sacred rites, with torches tied around it ; 
because a fox wrapt round with stubble and hay set on fire, being 
let go by a Jboy, once burnt the growing corn of the people of Car- 
selli, a town of the M(\m, Ovid. Fast. iv. 681. to 712. as the foxes of 
Samson did the standing corn of the Philistines, Judg. xv. 4. 

Cecres is often put for corn or bread ; as, Sine Ctrere et Baccho 
fviget Venus, without bread and wine love grows cold, Terent. Eun, 
iv. 5. 6. Cic. Jsfat. D. ii. 23. 

6. NEPTUNE, {a nando, Cic. Nat. D. ii. 26. vel qubd mare 
terras obnubit, ut nubes ccelum ; a nuptu, id est, opertione ; vnde nup- 
tiae, Varr. L. L. iv. 10.) the god of the sea, and brother of Jupiter; 
— represented with a trident in his right hand, and a dolphin in his 
left ; one of his feet resting on part of a ship : his aspect majestic 
and serene : Sometimes in a chariot drawn by sea-horses, with a 
tritonon each side ; called iEcjEus, Virg. ^n, iii. 74. because wor- 



RELIGION OF THE ROMANS. 237 

shipped at vEgae, a town in the island of Euboea, Homer, 11. v. 20* 
Uterque Neptumis, the mare superum and inftrvm, on both sides of 
Italy : or Keplune who presides over bath salt and fresh water, (li- 
quent'ibus stagnis mariqucz saiso,) Catull. xxix. 3. Neptunia ana vel 
regna, the sea, Firg. vT^n. viii. 695. Meplunius dux. Sex. Pompei- 
us, Horat. Epod. ix. 7. who, from his power at sea, called himself 
the son of Neptune, Dio. xlviii. 19, Neptunia Pergama vel Troja, 
because its walls are said to have been built by Neptune and Apol- 
lo, Ovid. Fast. i. 5. 5. Virg. Mn. ii. 625. at the request of Laome- 
don, the father of Priam, who defrauded them of their promised hire, 
(pacta mercede. dcstitujl,) Horat. Od. iii. 3. 22. that is, he applied to 
that purpose the money which he had vowed to their service, Serv, 
in Virg. On which account Neptune was ever after hostile to the 
Trojans ; Virg. Mn. ii. 610. and also to the Romans, Id. G. i. 502. 
Apollo was afterwards reconciled by proper atonement ; being also 
offended at the Greeks f )r their treatment of Chryseis, the daughter 
of his priest Chryses, Serv. ib.. v^hom Agamemnon made a captive, 

Ovid. llemed.Am. 469. Homer. It. i. The wife of Neptune was 

Amphitrite, sometimes put for the sea, Ovid. Met. i. 14. 

Besides Neptune, there were other sea-gods and goddesses ; Oce- 
anus, ^nd hh \\\k Tethys ^ Nerem, and his wife i^om, the A'erc- 
ides, Thetis, Doto, Galatea, &c. Triton, Proteus, Portumnus, the 
son of Ma tufa or Aurora and Glaucus, Ino, Palemon, &dc. 

7. VENU8, the goddess of love and beauty, said to have been 
produced from the foam of the sea, near the island Cythera ; hence 
called Cylherea, Horat. Od. i. 4. 5. Firg. JEn. ib. 128. Marina. Id. 
iii. 26. 5. and by the Greeks, Wtp^odiTV], ab o,(p^oc^ spuma : according 
to others, the daughter of Jupiter and the nymph Dione ; hence 
called Dioncea mater, by her son iEneas, Virg. Mn. iii. 19. and 
hence Julius Ca3sar was called Dionceus ; as being descended from 
lulus, the son of yEneas, Id. Ed. ix. 47. Dionceo sub antro, under 
the cave of Venus, Horat. Od. ii. 1. 39. — the wife of Vulcan, but 
unfaithful to him, Ovid. Met. iv. 171. &c. worshipped chiefly at Pa- 
phos, Amdthus, -untis, and Idalia, v. -ium, in Cyprus ; at Eryx in 
Sicily, and at Cnidus in Caria ; hence called Cypris, -idis, Dca Pa- 
phia ; Amathusia Venus, Tacit. Annal. iii. 62. Venus Idalia, Virg. 
Mn. v. 760. and Eryi;lva, Horat. Od. i. 2. 33. Cic. Verr. ii. 8. 
Regina Cnidia, Horat. Od. i. 30. 1. Venus Cnidia, Cic. Divin. i. 13. 
Verr. iv. 60. Alma decens, aurea, formosa, ifec. also Cloacina or 
Cluacina, from cluere, anciently the same with luere or purgare, be- 
cause her temple was built in the place where the Romans and Sa- 
bines, after laying aside their arms, and concluding an agreement, 

purified themselves, Plin. xv. 29. s. 36. Also supposed to be the 

same with fJhiiina, the goddess of funerals, Dionys. 'iv. 15. whom 
some make the same with Proserpine, Plutarch, in Nnma, 67. 
— often put for love, or the indulgence of it : Damnosa Venus, He- 
rat. Ep. i. 18. 21. Sera juvenum Venus, eoque inexhausta pubertas^ 
Tacit, de mor. Germ. 20. — for a mistress, Horat. Sat. i. 2. 119. — 
4. 113. Virg, Ec, iii. 68. — for beauty, comeliness, or grace, Piazit^ 



238 - ROMAN ANTIQUITIES. 

Stich. ii. I. 5. Tabultp. pictcB Venus ^ vel. Venustas, qnam Graci X"?'''* 
vocant. Plin. xxxv. 10. s. 38. Dicendi veneres, the graces, Quinctil- 
ian^ X. 1. Verier em habere. Senec. Benef. ii. ^i8. Cicero says 
there were more thiin one Venus, Xai. D. iii. 23. (Vknus duta 
gudd ad omnes res veniret; aU/yc ex ea venvstas, Id. ii. 27. el Ve- 
^E^Ul, i. e. scrvi Veneris, Id. Caecil. 17.) 

The tree most acceptable to Venus, was the myrtle, Virg. Eel, 
vii. 62. ^ Serv. in loc. JEn. v. 72. hence she was called Mrvtka, 
and by corruption Mur( ia, Plin. xv. 29. s. 36. Pluiarch. qunst. 
Rom. 20. Varr. L. L. iv. 32. Serv. in Virg. JEn. viii. 635. and the 
month most agreeable to her was April, because it produced flow- 
ers; hence axWed me nsis Veneris, Horat. Od.'w. 11. 15. on the 
first day of which, the matrons, crowned with myrtle, used to bathe 
themselves in the Tiber, near the temple of Fortuna virilis, to 
whom they offered frankincense, that she would conceal their de- 
fects from their husbands, Ovid. Fast. iv. 139, &c. 

The attendants of Venus were her son CUPID; or rather the 
Cupids., for there were many of them ; but the two most remarka- 
ble, were one {Eros) who caused love, and the other {Anttros) who 
made it cease, or produced mutual love ; painted with wings, a 
quiver, bow, and darts: the three GRACES, Grnliie vel Chariles^ 
Jiglaia or Pasithea, Thalia, and Euphrosyne, represented generally 
naked, with their hands joined together ; and NYMPHS dancing 
with the Graces, and 'Venus at their head, Horat. Od. i. 4. 5. — 30, 
6. ii. 8. 13. Senec. Benef. 1. 3. 

8. VULCANUS vel Mulciber,\\\e god of fire, (Ignipotens, Virg. 
X. 243.) and of smiths ; the son of Jupiter and Juno, and husband 
of Venus; represented as a lame blacksmith, hardened from the 
forge, with a fiery red face whilst at work, and tired and heated 
after it. He is generally the subject of pity or ridicule to the other 
gods, as a cuckold and lame. 

Vulcan is said lo have had his workshop (officina) chiefly in Lem- 
nos, and in the JColian or Lipari islands near Sicily, or in a cave 
of Mount JCtna. His workmen were the Cyclopes, giants with one 
eye in their forehead, who were usually employed in making thun- 
derbolts for Jupiter, r?>^. .ZEn. viii. 416. &c. Hence Vulcan is 
represented in spring as eagerly lighting up the fires in their toil- 
some or strong-smelling workshops, {graves ardens uril ojicinas,) to 
provide plenty of tliiinderbolts for Jupiter to throw in summer, Ho- 
rat. Od. i. 4. 7. called avidus, greedy. Id. iii. 58. as Virgil calls ig- 
nis, fire, edax, from its devouring all things, JEn. ii. 758. some- 
times put for fire, ih. 31 1. v. 662. vii. 77. Horat. Sal. 15. 74. Plaut. 
Amph. i. 1. 185. called luteus, from its colour, Juvenal, x. 133. from 
lutewn V. lutem, woad, the same with glastnm, Cses. B. G. v. 14. 
which dies yellow ; herha qua coirulimn infcinnt, Vitruv. vii. 14. 
Plin. xxxiii. 5. s. 26. Croceo mutahit vellera lido, Virg. Eel. 44. /w- 
ieum ovi, the yolk of an e^g, Plin. x. 53. or rather from lutum, clay, 
luteus, dirty. Cicero also mentions more than one Vulcan, JVa/. 
D. iii. 22. as indeed he does in speaking of mogt of the gods. 



RELIGION OF THE ROMANS. 230 

9. MARS or Mavors, the god of \^ar, and son of Juno : worship- 
ped by the Thracians, Getae, and Scythians, and especially by the 
Romans, as the father of Romulus, their founder, called Gradivus, 
(a ^radiendo ;) Ovid. Fast. u. 861. painted with a fierce aspect, 
riding in a chariot, or on horseback, with an helmet and a spear. 
Mars, when peaceable, was called Qu.rixus, S/^rr. in Virg, i. 296. 
BELLONA, the gorldess of war, was the wife or sister of Mars. 

A round shield (ANCiLI*/, quod ah oinni parte recisuni est, Ovid. 
Fast. iii. 377.) is said to have fallen from heaven, in the reign of 
Numa, supposed to be the shield of Mars ; which was kept with 
great care in his sanctuary, as a symbol of the perpetuity of the 
empire, by the priests of Mars, who were called SALII ; and that it 
might not be stolen, eleven others were made quite like it, {ancilia, 
'ium, vel -iorum.) 

The animals sacred to Mars were the horse, the wolf, and the 
woodpecker, (picas,) Mars is often, by a metonymy, put for war or 
the fortune of war ; thus, JEjW), varin, andpile, incerio jMarte pug' 
nalnm est, with equal, various, doubtful success ; Mars communis^ 
the uncertain events of war, Cic. .^ccendere Martem cantu, i. e. pug- 
nam vel milites ad pugnam tuba ticrc : collalo Marte ct cminus pug* 
nare ,- invadunt Murtem clypeis^ i, e. pugnam ineunt, Virg. J^ustro 
Marte ali'juid peracrere, by our own strength, without assistance, Cic, 
Vererundive craf, equitem suo alienoque Marte pug nare, on horseback 
and on foot, Liv. iii. 62. Valere Marie foreusi, to be a good pleader, 
Ovid. Pont. iv. 6. 39. Dicere difficile est, quid Mars tuns egerit illic^ 
i. e. hellica virtus, valour or courage, ib. 7. 45. J^ostro Marte, by 
our army or soldiers, Hurat. Od. iii. 5. 24. Altera Marte, in a se- 
cond battle, ih. 34 Mars tuns, your manner of fighting, Ovid, Art, 
Am. i. 212. Incursu gemini Martis, by land and sea, Lucan, vi. 269. 

10. MKRCURIUS, the son of Jupiter and Maia, the daughter of 
Atlas ; the messenger of Jupiter and of the gods ; the god of elo- 
quence ; the patron of merchants and of gain ; whence his name, (ac- 
cording to others, quasi Medicurrius, quod medius inter deos et ho' 
mines currebat ;) the inventor of the lyre and of the harp ; the pro- 
tector of poets and men of genius, {Mrrcurlalium virorum,) of musi- 
cians, wrestlers, &c. the conductor of souls or departed ghosts to 
their proper mansions ; also the god of ingenuity and of thieves, 
called Cyllenius v. Cijlleida proles, from Cyllene, a mountain in Ar- 
cadia, on which he was born ; and Tegeceus, from Tfgea, a city near it. 

The distinguishing attributes of Mercury are his Petdsus, or wing- 
ed cap ; the Talaria, or winged sandals for his feet ; and a Caduceus, 
or wand [virga) with two serpents about it in his hand ; sometimes 
as the god of merchants, he bears a purse, (marsupium,) Horat i. 10. 
Virg. JEn. iv. 239. viii. 138. 

Images of Mercury (HERM^ trunri, shapeless posts, with a mar- 
ble head of Mercury on them, Juvenal, viii. .53.) used to be erected 
where several roads met, (in compitis,) to point out the way ; on 
sepulchres, in the porches of temples and houses, &c. £x quovis 
ligno nonjit Mercurius^ every one cannot become a scholar. 



240 ROMAN ANTIQUITIES. 

11. APOLLO, the son of Jupiter and Latona, born in the island 
Delos ; the god of poetry, music, medicine, augury, and archery ; 
called also Phonbus and Sol. He had oracles in many places : the 
chief was at /^«^//>/ii in Phocis ; called by various names from the 
places where he was worshipped, Cynthius^ from Cynthus, a moun- 
tain in Delos ; Patarens, or -leus, from Palara, a city in Lycia ; La- 
ions, son of Latona, Thymhrceus, Gryumis, &c. also Pylhivs, from 
having slain the serpent. Python, [vcl a 'Kv&sa&ai, quod consuleretnr.) 

Apollo is usually represented as a beautiful beardless young man, 
with long hair, (hence called intomns et crimtus, Ovid. Trist. iii. L 
60.) holding a bow and arrows in his right hand, and in his left hand 
a lyre or harp. He is crowned with laurel, which was sacred to 
him, as were the hawk and raven among the birds. 

The son of APOLLO was ^ESCULAPIUS, the god of physic, 
worshipped formerly at Epidaurus in Argulis, under the form of a 
serpent, or leaning on a staff, round which a serpent was entwined : 
— represented as an old man, with a long beard, dressed in a loose 
robe, with a staff in his hand. 

Connected with Apollo and Minerva were the nine MUSES : said 
to be the daughters of Jupiter and Mnemosyne or memory ; Liope, 
the muse of heroic poetry ; Clio, of history ; Melpomene, of trage- 
dy : Thalia, of comedy and pastorals ; Erdto, of love-songs and 
hymns ; Euterpe, of playing on the flute ; Terpsichore, of the harp ; 
Polyhymnia, of gesture and delivery, also of the three-stringed in- 
strument called Barbitos, vel -on ; and Urania, of astronomy ; Auson, 
Eidyll. 20. Diodor. iv. 7. Phornutus de Mdura Deorum. 

The Muses frequented the mountains Parnassm, Helicon, Pierus, 
dec. the fountains Castalius, Aganippe, or Hypocrlne, &c. ; whence 
they had various names, Heliconides, Parnassides, Piertdes, Castall" 
des, Thespiddes, Pempliades. 

12. DIANA, the sister of Apollo, goddess of the woods and of 
hunting ; called Diana on earth, Luna in heaven, and Hecate in hell ; 
hence tergemina, diva iriformis, Tria virginis ora DiancB, Virg. iEn. 
iv. 52. Also Lucina, Illithya, et Genitalis seu Genetyllis ; because 
she assisted women in child-birth ; Noctiluca, and siderum regina, 
Herat. Trivia, from her statues standing where three ways met. 

Diana is represented as a tall beautiful virgin, with a quiver on 
her shoulder, and a javelin or bow in her right hand, chasing deer or 
other animals. 

These twelve deities were called Consentes, -urn; (Farr, L, L, 
vii. 38. quia in consilium Jovis ndhibebantur, Augustin, de Civit. 
Dei. iv. 23. Duodecim enim deos advocat, Senec. Q. Mat. ii. 41. a 
consensu, quasi consentientes : vel a censendo, i e. consiulo :) and 
are comprehended in these two verses of Ennius : as quoted by 
Apuleius, de Deo Socratis : 

Juno, Vesta, Minerva, Ceres, Diana, Venus, Mars, 
Mtrcurius, Joviy Keptunvs, Vulcanus, Apollo. 

On ancient inscriptions they are thus marked ; j, o, m. L e. Jom 



RELIGION OF THE ROMANS. 241 

Optimo maximo, Ceterisq. dis Consentibus. They were also call- 
ed Dii MAGNi, Virg. JEn, iii. 12. Ovid. Amor. iii. 6. and cjeleste^st, 
Vitruv. i. 8. Virg. JEn. i. 391. Cic. Legg. ii. 8. or no biles, Ovid, 
Met. i. 172. and are represented as occupying a different part of 
heaven from the inferior gods, who are called plebs, ibid. 

The DII SELECTIwere Eight in Number, 

1. SATURNUS, the god of time; the son of CcrIus or Uranus, 
and Terra or Vesta. 

Titan, his brother, resigned the kingdom to him on this condition, 
that he should rear no male offspring. On which account he is feign- 
ed by the poets to have devoured his sons as soon as they were 
born, but Rhea found means to deceive him, and bring up by stealth 
Jupiter and his two brothers. 

Saturn being dethroned by his son Jupiter, fied into Italy, and 
gave name to Lalium^ from his lurking there, {a latendo.) He was 
kindly received by Janus king of that countr}^ Under Saturn is 
supposed to have been the golden age, when the earth produced 
food in abundance spontaneously ; when all things were in common, 
Virg, G. i. 125. and when there was an intercourse between the 
gods and men upon earth ; which ceased in the brazen and iron 
ages, when even the virgin Astrea, or goddess of justice, herself, who 
remained on earth longer than the other gods, at last, provoked by 
the wickedness of men, left it. Ovid, Met. i. 150. The only god^ 
dess then left was Hope, Id. Pont. i. 6. 29. 

Saturn is painted as adecrepid old man, with a scythe in his hanci, 
or a serpent biting oif its own tail 

2. JANUS, the god of the year, who presided, over the gates of 
heaven, and also over peace and war. He is painted with two 
faces, {bifrons vel biceps.) His temple was open in time of war, 
and shut in time of peace, Liv. 1. 19. A street in Rome, contigu- 
ous to the Forum, where bankers lived, was called by his name ; 
thus Janus siimmus ab imo, the street Janns from top to bottom, Ho- 
rat. Ep. i. 1. 54 medius^ the middle part of it ; id. Sat. ii. 3. 18. Cic, 
Phil, vi, 5. Thoroiighfares {transiliones perzicB) from him were called 
Jani, and the gates at the entrance of private houses, Janu(s, Cic, 
N. D. ii. 27. thus dextro J ano portm Garment a us, Liv. ii. 49. 

3. RHEA, the wife of Saturn : called also Ops, Oybele, Magna 
Mater, Mater Deorum, Berecynthia, Idcea, and Dyndymene, from 
three mountains in Phrygia : She was painted as a matron, crowned 
with towers, {turrila,) sitting in a chariot drawn by lions, Ovid, Fast, 
iv. 249. &c. 

Cybele, or a sacred stone, called by the inhabitants the mother of 
the gods, was brought from Pessinus in Phrygia to Rome, in the time 
of the second Punic war, Liv. xxix. 11. & 14. 

4. PLUTO, the brother of Jupiter and king of the infernal re- 
gions ; called also Orcus, Jupiter infernus et Stygius. The wife of 
Pluto was PROSERPINA, the daughter of Ceres whom he carried 

31 



242 ROMAN ANTIQUITIES. 

off, as she was gathering flowers in the plains of Enna in Sicily 5 
called Juno inferna or Stygia, often confounded with Hecate and 
Luna or Diana; supposed to preside over sorceries or incantations, 
(veneficiis prceesse,) 

There were many other infernal deities, of whom the chiif 
were the FATES or Destinies, (PARC^E, a parcendo vel per An- 
TiPHRASiN, quod nemini par cant,) the daughters of Jupiter 'and Themis^ 
or of Erebus and JsPox, three in number ; Clotho, Lachesis, and Jitro- 
pos, supposed to determine the life of men by spinning ; Ovid. Pont, 
i. 8. 64. Ep. xii. 3. Clotho held the distaff, I^achesis span, and Alrd- 
pos cut the thread : When there was nothing on the distaff to spin, 
it was attended with the same effect, Ovid. Amor. ii. 6. 40. Some- 
times they are all represented as employed in breaking the threads, 
Lucan. iii. 18. The FURIES, {Furice vel Dirce, Eumcnides vel 
Erinnyes,) also three in number, Alecto, Tysiphone, and Megcera ; re- 
presented with wings, and snakes twisted in their hair ; holding in 
their hands a torch and a whip to torm.ent the wicked ; MORS vel 
Lethum, death ; SOMNUS, sleep, &:c. The punishments of the in- 
fernal regions were sometimes represented in pictures, to deter men 
from crimes, Plaut. Captiv. v. 4. 1. 

5. BACCHUS, the god of wine, the son of Jupiter and Semele ; 
called also IJber or Lyaus, because wine frees the minds of men 
from care : described as the conqueror of India ; represented always 
young, crowned with vine or ivy-leaves, sometimes with horns, 
hence called corniger, Ovid. Ep. xiii. 33. holding in his hand a 
i/i?/rsM5 or spear bound with ivy; his chariot wqs drawn by tigers, 
lions, or lynxes, attended by Silenus, his nurse and preceptor, Bac- 
chanals (frantic women, Bacchce, Tryades vel Menades), and satyrs, 
Ovid. Fast. iii. 715.— 770. Ep. iv. 47. 

The sacred rites of Bacchus, (BaccA«?2«/m, ORGIA vel Dionysia,) 
were celebrated every third year, (hence called trieterica,) in the 
night-time, chiefly on CilhcEron and Ismenus in Bceotia, on Ismarus, 
Rkodope, and Edon in Thrace. 

PRIAPUS, the god of gardens, was the son of Bacchus and Ve- 
nus, Serv. in Virg. G. iv. iii. 

6. SOL, the sun, the same with Apollo ; but sometimes also dis- 
tinguished, and then supposed to be the son of Hyperion, one of the 
Titans or giants produced by the earth ; who is also put for the sun. 

Sol was painted in a juvenile form, having his head surrounded 
with rays, and riding in a chariot drawn by four horses, attended by 
the Horce or four seasons, Vcr, the spring ; JEstas, the summer ; 
Auiumnus, the autumn ; and Hiems, the winter, Ovid. Met. ii. 25. 

The sun was worshipped chiefly by the Persians, under the name 
of Mithras. 

7. LUNA, the moon, as one of the Dii Selecti, was the daughter 
of Hyperion, and sister of Sol, Her chariot was drawn only by two 
horses. 

8. GENIUS, the dczmon or tutelary god, who was supposed to 



RELIGION OF THE ROMANS. 243 

take care of every one from his birth during the whole of Hfe. Places 
and cities, as well as men, had their particular Genii. 

It was generally believed that every person had two Geniij the 
good, and the other bad. Defraudare genium suum^ to pinch one's 
appetite, Ter. Phorm, i. 1. 10. Indidgere genio, to indulge it, Perf. 
V. 151. 

Nearly allied to the Genii were the LARES and PENATES, 
household gods, who presided over families. 

The Lares of the Romans appear to have been the manes of their 
ancestors, Virg. JEn. ix. 255. Small waxen images of them, clothed 
with the skin of a dog, w^ere placed round the hearth in the hall, 
{in atriQ.) On festivals they were crowned with garlands, Plant, 
Trin, i. 1. and sacrifices were offered to them, Juvenal, xii. 89. 
iS?^e^. Aug. 31. There were not only Lares domestici et familiar es, 
but also Compitales et viales, militares et marini, &c. 

The Penates {sive a penu ; est enim omne quo vesciintur homines, 
PENUS ; sive quod penitus insident, Cic. Nat. Deor. ii. 27. Dii per 
quos penitus spiramus, Macrob. Sat. iii. v. ]dem ac Magni Dii, Ju- 
piter, Juno, Minerva, Serv. ad Virg. Mn. ii. 296.) were worshipped 
in the innermost part of the house, which was called Penetralia ; 
also Impluvium or Compluvium, Cic. et Suet. Aug. 92. There were 
likewise Puhlici Penates, worshipped in the Capitol,. Liv. iii. 17. 
under whose protection the city and temples were. These iEneas 
brought with him from Troy, Virg. JEn, ii. 293. 717. iii. 148. iv. 
598. Hence Patrii Penates, familiar esque, Cic. pro Dom. 57. 

Some have thought the Lares and Penates the same ; and they 
seem sometimes to be confounded, Cic. P. Quinct. 26. & 27. Verr, 
iv. 22. They were, however, different, Liv. i. 29. The Penates 
were of divine origin ; the iMres of human. Certain persons were 
admitted to the worship of the Lares, who were not to that of the 
Penates. The Penates were worshipped only in the innermost part 
of the house, the Lares also in the public roads, in the camp, and 
on sea. 

Lar is often put for a house or dwelling : Apto cum lare fundus, 
Herat. Od. i. 12. 44. Ovid. Fast. vi. 95. & 362. So Penates ; thus, 
J^fostris succede Penatibus hospes, Virg. JEn. viii. 123. Plin. Pan. 47. 
Ovid. Fast, vi. 529. 

DII MINORUM GENTIUM, or INFERIOR DEITIES. 

These were of various kinds : 

1. Dii INDIGETES, or heroes ranked among the gods on ac- 
count of their virtues and merits : of whom the chief were, — 

HERCULES, the son of Jupiter, and Alcmena, wife of Amphi- 
tryon, king of Thebes ; famous for his twelve labours, and other 
exploits ; squeezing two serpents to death in his cradle, killing the 
lion in the Nemoean wood, the Hydra of the lake Lerna, the boar of 
Erymanthus, the brazen-footed stag on mount Menalus, the harpies 
in the lake Stymphalus, Diomedes, and his horses, who were fed on 
human flesh, the wild bull in the island Crete, cleansing the stables 



w 



244 ROMAN ANtJQUlTIES. 

of Augons, subfluing the Amazons and Centaurs, dragging the dog' 
Cerberus from hell, carrying off the oxen of the three-bodied Gery- 
on, from Spain, fixing pillars in the fretum Gaditanum, or Streights 
of Gibraltar, bringing away the golden apples of the Hesperides, ^nd 
killing the dragon which guarded them, slaying the giant Antaeus, 
and the monstrous thief Cacus, &:c. 

Hercules was called Alcides, from Alcmvs the father o{ Amphitryon ; 
and Tirynthms from Jiryns, the town v*^here he was born ; OetcBus, 
from mount O'eie, where he died. Being consumed by a poisoned 
robe, sent him by his wife Dejanira in a fit of jealousy, which he 
could not pull off, he laid himself on a funeral pile, and ordered it to 
be set on fire. 

Hercules is represented as possessed of prodigious strength, hold- 
ing a club in his right hand, and clothed in the skin of the Nemaean 
lion. 

Men used to swear by Hercules in their asseverations ; Hercle, 
Mhercle, vel -es, so under the title of DIUS FIDIUS, i. e. Deus 
Jidei, the god of faith or honour ; thus, per Dium Fidiunif Plant, me 
Diusjidius, sc.juveiy Sallust. Cat. 35. 

Hercules was supposed to preside over treasures ; hence Dives 
amico Hercule, Horat. Sat. ii. 6. 12. dextro Hercule, by the favour of 
Hercules, Pers. ii. 11. Hence those who obtained great riches con- 
secrated {pollucebant) the tenth part to Hercules, Cic. Mxt. D. iii, 
36. Plant. Stick, i. 3. 80. Bacch. iv. 4. 15. Plutarch, in Crasso. init. 

CASTOR and POLLUX, sons of Jupiter and Leda, the wife of 
lyndarus king of Sparta, brothers of Helena and Clytemnestra, said 
to have been produced from tw^o eggs ; from one of which came 
Pollux and Helena, and from the other, Castor and Clytemnestra. 
But Horace makes Castor and Pollux to spring from the same egg. 
Sat. ii. 1. 26. He however also calls them Fratres Helenje, Od. 

i. 3. 2. the gods of mariners, because their constellation was 

much observed at sea : — called TyndaridcB, Gemini, <^c. Castor 
was remarkable for riding, and Pollux for boxing ; Horat. Od. 
i. 12. 26. represented as riding on white horses, with a star over 
the head of each, and covered with a cap ; hence called Fratres 
Pile AT I, Festus. Catull. 35. There was a temple at Rome, dedica- 
ted to both jointly, but called only the temple of Castor, Dio. xxxvii. 
8. Suet. CcES. 10. 

^neas, called Jupiter indiges ; and Romulus, QUIRINUS, after 
being ranked among the gods, either from Quires a spear, or Cures^ 
a city of the Sabines, Ovid. Fast. ii. 475. — 480. 

The Roman emperors also after their death were ranked among 
the gods. 

2. There were certain gods, called SEMONES, (quasi semiho- 
mines, minores diis et majores hominihus,) Liv. viii. 20. as, 

PAN, the god of shepherds, the inventor of the flute, said to be 
the son of Mercury and Penelope, Cic. worshipped chiefly in Area* 
dia ; hence called Arcadius and McenaliuSf vel -ides, et Lyceus, from 



RELIGION OF THE ROMANS. 245 

two mfiuntains there ; Tegecens, from a city, &c. called by the Ro- 
mans Inuus / — represented with horns and goats' feet. 

Pan was supposed to be the author of sudden frights or causeless 
alarms ; from him called Panici terrores, Dionys. v. 16. 

FAUNUS and SYI.VANUS, supposed to be the same with Pan. 
The wife or daughter of Faunus was Fauna or Fatua, called also 
Marlca and Bona Dea, Macrob. Sat. i. 12. 

There were several rural deities called FAUN I, who were be- 
lieved to occasion the night-mare, {ludibria nociis vel epialten wn- 
mitiere,) Plin. xxv. 3. 

VERTUMNUS, who presided over the change of seasons and 
merchandize; — supposed to transform himself into different shapes. 
Propert. iv. 2. Hence Vertumnis naius iniquis, an inconstant man, 
Horat, Sat. ii. 7. 14. 

POMONA, the goddess of gardens and fruits ; the wife of Ver- 
tumnus, Ovid. Met. xiv. 623. &c. 

FLORA, the goddess of flowers ; called Claris by the Greeks, 
Lactant, i. 20* 6. Ovid. Fast. v. 195. 

TERMINUS, the god of boundaries ; whose temple was always 
open at the top, Festus. {Se supra ne quid nisi sidera cernat, Ovid. 
Fast. ii. 671.) And when, before the building of the capitol, all 
the temples of the other gods were unhallowed, (exaugurarentur,) 
it alone could not, Liv. i. 55. v. 54. Jovi ipsi regi noluit con- 
cede re, GelL xii. 6. which was reckoned an omen of the perpetuity 
of the empire, Liv. ibid. 

PALES, a god or goddess who presided over flocks and herds ; 
usually feminine. Pasloria Pales, Flor. i. 20. 

HYMEN vel HYMENiEUS, the god of marriage. 

LAVERNA, the goddess of thieves, Horat. Ep. i. 16. .60. 

VACUNA, who presided over vacation, or respite frorp business, 
Ovid. Fast. vi. 307. 

AVERRUNCUS, the god who averted mischiefs, {mala averun- 
cahat,) Varr. vi. 5. -There were several of these. 

FASCINUS, who prevented fascination or enchantment. 

ROBIGUS, the god, and Rubigo, the goddess who preserved 
corn from blight, {a rubigine,) Gell. v. 13. 

MEPHITIS, the goddess of bad smells, Serv. in Virg. Mn. vii. 
84. CLOACINA, of the cloacce, or common sewers. 

Under the Semones were comprehended the NYMPHS, {nymph(z,) 
female deities, who presided over all parts of the earth ; over moun- 
tains, Oreddes ; woods, Dryades, Hamadryades, Napct ; rivers and 
fountains, Naides vel jYaiaides ; the sea, Mreidcs, Oceanitides, &c. 
Each river was supposed to have a particular deity, who pre- 
sided over it ; as Tiberinus over the Tiber, Virg. .En. viii. 31. and 
77. Eridanus over the Po ; taurino vultu, with the countenance of 
a bull, and horns ; as all rivers were represented, {quod Jiumina sunt 
atrocia, ul tauri ;* Festus ; vel propter impetus et mugitus aquarumf 

* Q^uia soniium tauri edebant, ihey roared like bullocka. 



246 ROMAN ANTIQUITIES. 

Vet. Schol. in Horat. Od. iv. 14. 25. Sic tauriformis volvitur Aufi* 
diis.) Virg. G. iv. 371. Ovid. Met. iv.pr, Mlian. ii. 33. Claudian, 
Cons, Prob, 214. &:c. The sources of rivers v^ere particulai4y sa- 
cred to some divinity, and cultivated with religious ceremonies, 
Stnec, Ep. 41. Temples were erected ; as to Clituniiiis, Plin. Ep, 
viii. 8. to Ilissus, Pausan. i. 19. small pieces of money were thrown 
into them, to render the presiding deities propitious ;* and no per- 
son was allowed to swim near the head of the spring, because the 
touch of a naked body was supposed to pollute the consecrated wa- 
ters, ibid. (^ Tacit. Annal. xiv. 22. Thus no boat was allowed to 
be on the lacus Vadimonis, Plin. Ep. viii. 20. in which were several 
floating islands, ibid. ^ Plin. ii. 9.5. s. 96. Sacrifices were also of- 
fered to fountains ; as by Horace to that of Blandusia, Od, iii. 13. 
whence the rivulet Digentia probably flowed, Ep. i. 18. 104. 

Under the Semones were also included the judges in the infernal 
regions, MINOS, ,/^acus, and Rhadamanthus ; CHARON, the fer- 
ryman of hell, (PoRTiTOR, Virg. JEn. vi. 298. Porthemeus, -eo.9, 
Juvenal, iii. 266.) who conducted the souls of the dead in a boat 
over the rivers Styx and- Acheron, and extracted from each his por- 
torium or freight, {naulum,) which he gave an account of to Pluto; 
hence called Portitor: the dog CERBERUS, a three-headed 
monster, who guarded the entrance of hell. 

The Romans also worshipped the virtues and affections of the 
mind, and the like ; as, Piett/, Faith, Hope^ Concord, Fortune, Fame, 
&c. Cic. Kat. D. ii. 23. even vices and diseases. Id. legg. ii. 11. 
.ATai. D. iii, 25. Juvenal.]. 115. and under the emperors Hkewise 
foreign deities, as, Isis, Osiris, Anuhis, of the Egyptians : lAican. 

viii. 831. also the winds and the tempests ; Eurus, the east wind ; 

Auster or J^otus, the south wind ; Zephyrus, the west wind ; Boreas, 
the north wind ; Africus, the south-west ; Corus, the north-west ; 
and ^OtUS, the god of winds, who was supposed to reside in the 
jL?jDan islands, hence called /mw/ce i>So/ce ; AURiE, the air-nymphs 
or sylphs, &c.t 

The Romans worshipped certain gods, that they might do them 
good, and others, that they might not hurt them ; as, Avcrruncus 
and Robigus, There was both a good Jupiter and a bad ; the for- 
mer was called Dijovis, {ajuvando,) or Diespiter, and the latter, 
Vejovis, or Vedius, Cell. v. 12. But Ovid makes Vejovis the 
same with Jupiter parvis, or non magnus. Fast. iii. 445. &c. 

II. MimSTRI SACRORUM, the MINISTERS of SACRED 
THINGS. 

The ministers of religion, among the Romans, did not form a 

* Hence probably proceeded the practice of espousing the Adriatic sea by ihe 
Doge of Venice, by throwing into it a piece of money ; a ceremony instituted by the 
Pope. 

t So various indeed were the objects of Heathen worship, that in some countries, 
particularly in Egypt, they offered adoration to beasts, birds, herbs, and hideous 
reptiles, and did homage, in a word, to almost every thing but the true God. So 
prone is the human heart to degenerate into the grossest and most absurd idolatry. 



MINISTERS OF RELIGION. 247 

distinct order from the other citizens. (See p. 96.) They were 
usually chosen from the most honourable men in the state. 

Some of them were common to all the gods, (omnium deorum sa^ 
cerdotes ; others appropriated to a particular deity, (m/»* aliqui nu- 
mini addicti.) Of the former kind were, — 

I. The PONTIFICES, (a posse facere, quia illis jus erat sacra 
faciendi ; vel polius a ponte faciendo, rtaw ab iis sublicius est /actus 
primilm, ct restiiutus scepe ciim ideo sacra et uls et cis Tiberim Jiantf 
Varr. L. L. iv. 15. Dionys. ii. 73. iii. 45.) were first instituted by 
Numa, Liv. iv. 4. Dionys. ii. 73. chosen from among the patricians ; 
four in number, till the year of the city 454, when four more were 
created from the plebeians, Liv, x. 6. Some think that originally 
there was only one Pontifex ; as no more are mentioned in Livy, 
i. 20. ii. 2. Sylla increased their number to 15, Liv, Ep. 89. They 
were divided into Ma J ORES and Minores, GV. Harusp. R. 6. Liv. 
xxii. 57. Some suppose the 7 added by Sylla and their successors 
to have been called minores ; and the 8 old ones, and such as were 
chosen in their room. Major es. Others think the majores were 
patricians, and the minores plebeians. Whatever be in this, the 
cause of the distinction certainly existed before the time of Sylla, 
Liv. ib. The whole number of the Ponlijices was called COLLE- 
GIUM, Cic. Dom. 12. 

The Ponlijices judged in all cases relating to sacred things ; and, 
in cases where there was no written law, they prescribed what re- 
gulations they thought proper. Such as neglected their mandates, 
they could fine according to the magnitude of the offence. Diony- 
sius says, that they were not subject to the power of any one, nor 
bound to give account of their conduct even to the senate, or peo- 
ple, ii. 73. But this must be understood with some limitations ; for 
we learn from Cicero, that the tribunes of the commons might ob- 
lige them, even against their will, to perform certain parts of their 
office, Dom. 45. and an appeal could be made from their decree, 
as from all others, to the people, Ascon. in Cic. Mil. 12. It is cer- 
tain, however, that their authority was very great, Cic. Dom. 1. 51. 
Harusp. R. 10. It particularly belonged to them to see that the 
inferior priests did their duty, Dionys. ibid. From the different 
parts of their office, the Greeks called them U^oSi6a(ixa\oi, Umoiioi, 
UpQ:pv\a\ss, ic^oqjavrai, Sacrorurn doctores, administraiores, custodes et 
interpretes, ibid. 

From the time of Numa, the vacant places in the number of Pan- 
tifices were supplied by the college, Dionys. ii. 73. till the year 650 ; 
when Domitius a tribune, transferred that right to the people, Suet. 
JVer. 2. Cic. Rull. ii. 7. Vell.'u. 12. Sylla abrogated this law, 
Ascon. in Cic. CcbcH. 3. but it was restored by I^abienus, a tribune, 
through the influence of Julius Caesar, Dio. xxxvii. 37. Antony 
again transferred the right of election from the people to the priests, 
Dio. xliv. Jin. thus Lepidus was chosen Pontifex M. irregularly, 
ibid, furto creatub^ Veil. ii. 61. In confusione rerum ac tumultu, 



248 ROMAN ANTIQUITIES. 

pontificatum maximum intercepit, Liv. Epit. 117. Pansa once more 
restored the right of election to the people, Cic. Ep. ad Brut, 5, 
After the battle of Actium, permission was granted to Augustus, to 
add to all the fraternities of priests, as many above the usual number 
as he thought proper ; which power the succeeding emperors exer- 
cised, so that the number of priests was thenceforth very uncertain, 
Dio. li. 20. liii. 17. 

The chief of the Pontifices was called PONTIFEX MAXIMUS, 
(qudd maximus rerum, quce ad sacra, et religiones pertinent, judex 
sit, Festus : Judex atque arbiter rerum divinarum atque humanarum', 
Id. in Ordo Sacerdotum ;) which name is first mentioned by Livy, 
iii. 54. He was created by the people, while the other pontijices 
were chosen by the college, Liv. xxv. 5. commonly from among 
those who had borne the first offices in the state, ibid. The first 
plebeian Pontifex M. was T. Coruncanius, Liv. Ep. xviii. 

This was an office of great dignity and power. The Pontifex M» 
was supreme judge and arbiter in all religious matters, Liv. i. 20. 
ix. 46. He took care that sacred rites were properly performed ; 
and, for that purpose, all the other priests were subject to him, Liv, 
ii. 2. He could hinder any of them from leaving the city, although 
invested with consular authority, Liv. Ep. xix. /. xxxvii. 5. Tacit. 
Annal. iii. 58. 51. and fine such as transgressed his orders, even al- 
though they were magistrates, Liv. ibid. xl. 2. 42. Cic. Phil. xi. 8. 

How much the ancient Romans respected religion and its minis- 
ters, we may judge from this ; that they imposed a fine on Tremel- 
lius, a tribune of the commons, for having, in a dispute, used injuri- 
ous language to Lepidus, the Pontifex M. {Sacrorumque quam magis- 
iratuuni jus potcntius fiat), Liv. Ep. xlvii. But the Pontifces ^Jp- 
pear, at least in the time of Cicero, to have been, in some respects, 
subject to the tribunes, Cic. Dom. 45, 

It was particularly incumbent on the Pontifex M. to take care of 
the sacred rites of Vesta, Ovid. Fast. iii. 417. Cell. i. 12. Senec, 
Contr. i. 2. If any of the priestesses neglected their duty, he repri- 
manded, Liv. iv. 44. or punished them, xxviii. 11. sometimes, by a 
sentence of the college, capitally, Cic. Har, resp. 7. hgg. ii. 9. Liv, 
viii. 15. xxii. 57. 

The presence of the Pontifex M. was requisite in public and so- 
lemn religious acts ; as when magistrates vowed games or the like, Liv, 
iv. 27. xxxi. 9. xxxvi. 2. made a prayer, Suet. CI. 22. or dedicated a 
temple, Liv. ix. 46. also when a general devoted himself for his ar- 
my, Liv. viii. 9. x. 7. 28. to repeat over before them, the form of 
words proper to be used, (iis verba prceire, v. carmen prmfari,) ibid. 
& v. 41. which Seneca calls Pontificale carmen, Consol. ad Marc. 
13. It was of importance that he pronounced the words without 
hesitation, Valer. Max. viii. 13. 2. He attended at the Comiiia; 
especially when priests were created, that he might inaugurate them, 
Liv, xxvii. 8. xl. 42. likewise when adoptions or testaments were 
made, Tacit. Hist. I 15. GelL v. 19. xv„ 27. Cic. Dom. 13. PHn. 
Pan. 37. At these the other pontifices also attended ; hence the 



MINISTERS OF RELIGION. ^4d 

comiiia were said to be held, or what was decreed in them to be 
done, apud pontijices, \q\ pro collegio pontificum, in presence of, ibid. 
Solennia pro poniifice suscipere, to perform the due sacred rites in 
the presence, or according to the direction of the Poniifex Maximm, 
Liv. ii. 27. Any thing done in this manner was also said Pontijiciv 
jure fieri, Cic. Dom. 14. And when the Poniifex M. pronounced 
any decree of the college in their presence, he was said pro colle- 
<3io RESPONDERE, Cic. pvo Dom. 53. The decision of the college 
was sometimes contraiy to his own opinion. He however w^as bound 
to obey it, Liv, xxxi. 9. What only three pontifices determined was 
held valid, Id, resp. Har, 6. But in certain cases, as in dedicating 
a temple, the approbation of the senate, or of a majority of the tri- 
bunes of the commons, was requisite, Liv. ix. 46. The people, 
whose power was supreme in every thing, {cujus est srnnma poteslas 
omnium rerum, Cic. ilsid.) might confer the dedication of a temple 
on whatever person they pleased, and force the Poniifex J\L to of- 
ficiate, even against his will ; as they did in the case of Flavius, Liv. 
ibid. In some cases the Flamints and Pk.ex Sacrorum seem to have 
judged together with the Ponifces, Cic. Dom. 49. and even to have 
been reckoned of the same college, ibid. 52. 

It was particularly the province of the pontifices to judge concern- 
ing marriages. Tacit. Annal. i. 10. Dio. xlvii. 44. 

The Poniifex Maximus and his college had the care of regulating 
the year, and the public calendar. Suet, Jul. 40. Aug. 31, Macrob, 
Sat. i. 14. called FASTI KALENDARES ; because the days of 
each month, from kalends to kalends, or from beginning to end, were 
marked in them through the whole year, wimt days were fasti^ and 
what nefasti, <^c. Festus ; the knowledge of which was confined to 
the pontifices and patricians, Liv. iv. 3. till C. Flavius divulged 
them, {fastos circa forum in albo proposuit,) Liv, ix- 46. (See p. W'2.) 
in the Fasti of each year v/ere also marked the names of the magis- 
trates, particularly of the consuls, Liv. ix. 18. Valer. Max. \\. 2. 
Cic. Sext. 14. Att. iv. 8. Pis. 13. Thus, enumeralio fast arum, qua- 
si annorum, Cic, Fam. v. 12. Tusc. i. 28. Fasti memores^ perma- 
nent records, Horat. Od. iii. 17. 4. iv. 14. 4. picti, variegated with 
different colours, Ovid. Fast. i. 11. signanies ternpora, Id. 657. 
Hence a list of the consuls engraved on marble, in the time of Con- 
stantius, the son of Constantine, as it is thought, and found accident- 
ally by some persons digging in the Forum, A. D. 1545, are called 
Fasti Consulares, or the Capiioline marbles, because beautified, 
and placed in the capitol, by Cardinal Alexander Famcse. 

In latter times it became customary to add on particular days, af- 
ter the name of the festival, some remarkable occurrence : Thus on 
the Lupercalia, it was marked {adscriptum est) that Antony had of- 
fered the crown to Csesar, Cic. Phil. ii. 34. — To liave one's name 
thus marked {ascriptum) in the Fasti, was reckoned the highest ho- 
nour, Cic. Ep. ad Brut. 15. O'cid. Fast. i. 9. Tacit. Annal. i. 15. 
(whence, probably, the origin of canonization in the church of 
Rome ;) as it was the greatest disgrace to have one's name erased 

32 



250 ROMAN ANTIQUITIES, 

from the Fasti, Cic. Sext, 14. Pis. 13. Verr, ii. 53. iv. Jin, Tacit, 
Annal, iii. 17. 

The books of Ovid, which describe the causes of the Roman fes- 
tivals for the whole year, are called FASTI, Ovid. Fast. i. 7. (Fas- 
TORUM libri appellantur, in quibus tolius annijit description. Fesius, 
quia de consulibus et regibus editi sunt^ Isid. vi. 8.) The six first of 
them only are extant. 

In ancient times the Pontifex M. used to draw up a short account 
of the public transactions of every year, in a book, {in album ejfe- 
rebat, vel potius referebat,) and to expose this register in an open 
place at his house, where the people might come and read it ; (/?ro- 
ponebat tabulam domi, potestas ut esset populo cognoscendi ;) which 
continued to be done to the time of Mucins Scaevola, who was slain 
in the massacre of Marius and Cinna. These records were called 
in the time of Cicero, ANNALES maximi, Cic. Orat. ii. 12. GelL 
iv. 5. as having been composed by the Pontifex Maximus. 

The annals composed by the Pojitifices before Rome was taken 
by the Gauls, called also Commentarii, perished most of them with 
the city, Liv. vi. 1. After the time of Sylla, the Ponlijices seem to 
have dropt the custom of compiling annals ; but several private per- 
sons composed historical accounts of the Roman affairs ; which, from 
their resemblance to the pontifical records in the simplicity of their 
narration, they likewise styled Annales ; as Cato, Pictor, and Piso, 
Cic, ibid. Liv. i. 44. 55. ii. 40. x. 9. 37. &c. Dio7ii/s. iv. 7. 15. GelL 
i. 19. Hortensius, Fell. ii. 16. So also Tacitus. 

The memoirs (u'n'cfxvr)|xara,) which a person wrote concerning his 
own actions, were properly called COMMENTARII, Cic. Fam. v. 
12. Syll. 16. Verr. v. 21. Suet. Aug. 74. Tib. 61. as Julius Caesar 
modestly called the books he wrote concerning his wars, Cic. Brut. 
75. Suet. Cans. 56. and Gellius calls Xenophon's book concerning 
the words and actions of Socrates, {aitaii.vrnxovsop.aTa^ Memorabilia 
Socratis,) xiv, 3. But this name was applied to any thing which a 
person wrote, or ordered to be written, as a memorandum for him- 
self or others, (qucB commeminisse opus esset, notes to help the me- 
mory ; as the heads of a discourse which one was to deliver ; Cic, 
Brut. 44. Quinctilian. iv. 1. 69. x. 7. 30 ; notes taken from the dis- 
course or book of another ; Id. ii. 11. 7. iii. 8. 67. or any book 
whatever, in which short notes or memorandums were set down : 
Thus Commentarii regis J^umce, Liv. i. 31. & 32. Strvii Tullii, \b, 
60. Eumenis, xl. 11. 6. regum, Cic. Rabir. perd. 5. Ccesaris, Cic. 
Att. xiv. 14. Trajani, Plin. Ep. x. 106. Hence, a comment ariis, a 
clerk or secretary, Gruier. p. 89. Caelius, in writing to Cicero, 
calls the acta publica, or public registers of the city, Commenta> 
Rius RERUM URBANARUM, Cic. Fam. iii. 11. 

In certain cases the Pontifex M. and his college had the power 
of life and death, Cic. Har. resp. 7. legg. ii. 9 ; but their sentence 
might be reserved by the people, Ascon. in Cic, pro Mil. 12. Liv. 
XXX vii. 51. xl. 42. 

The Pontifex M. although possessed of so great a power, is called 



MINISTERS OF RELIGION. 251 

by Cicero, privatus, Cat. i. 3. as not being a magistrate. But 
some think that the title Pontifex Maximus is here appHed to Scipio 
by anticipation ; he not having then obtained that office, according 
to Patercukis, ii. 3. contrary to the account of Appian, B. Civ. i. p, 
359. and Cicero himself elsewhere calls him simply a private person, 
Off. i. 23. Livy expressly opposes Ponlijices to privatus, v. 52. 

The Pontlfices wore a robe bordered with purple, {toga prcetexta,) 
Liv. xxxiii. 28. Lamprid. Alex. Sev. 40. and a woollen cap, (Gale- 
rus, Pileus vel Tutulus, Festus &> Varr. vi. 3.) in the form of a cone, 
with a small rod {virgula) wrapt round with wool, and a tuft or 
tassel on the top of it ; called apex, Serv. in Virg. Mn. ii. 683. viii. 
664. x. 270. often "put for the whole cap, Liv. vi. 41. Cic. legg. i. 
I. thus, imto trimerc regum apices, to fear the tiara nodding on the 
head of an enraged Persian monarch, Horat. Od. iii. 21. 19. or for 
a woollen bandage tied round the head, which the priests used in- 
stead of a cap, for the sake of coolness, Serv. ibid. Sulpicius Galba 
was deprived of his office on account of his cap having fallen {apex 
prolapsus) from his head in the time of a sacrifice, Valer. Max.i. 1. 
4. Hence apex is put for the top of any thing ; as monlis apex, Sil. 
xii. 709. or for the highest honour or ornament ; as, apex senectutis 
est auctoritas, Cic. Sen. 17. 

In ancient times the Pontifex M. was not permitted to leave Italy, 
Liv. XX viii. 38. 44. Die. fragm. 62. The first Pontifex M. freed 
from that restriction was P. Licinius Crassus, A. U. 618. Liv. Epit. 
59. so afterwards Cassar, Suet. 22. 

The office of Pontifex M. was for life, Dio. Ixix. 15. on which 
account, Augustus never assumed that dignity while Lepidus w^as 
alive. Suet. Aug. 31. which Tiberius, Dio. Ivi. 30. and Seneca, de 
clem. i. 10. impute to his clemency ; but with what justice, we may 
learn from the manner in which Augustus behaved to Lepidus in 
other respects. For after depriving him of his share in tfie Trium- 
virate, A. CJ. 718. Dio. xlix. 12. and confining him for a long time 
to Circeji under custody, Suet. 16. Dio. ibid, he forced him to come 
to Rome, against his will, A. U. 736. and treated him with great 
indignity, Dio. liv. 15. — After the death of Lepidus, A. U. 741. 
Augustus assumed the office of Pontifex Maximus, ibid. 27. Ovid. 
Fast. iii. 420. which was ever after held by his successors, and the 
title even by Christian emperors to the time of Gratian, Zosim. iv. 
36. or rather of Theodosius ; for on one of the coins of Gratian, this 
title is annexed. When there were two or more emperors, Dio 
informs us, that one of them only was Pontifex M. liii. 17. but this 
rule was soon after violated, Capitolin. in Balbin. 8. The Hierar- 
chy of the church of Rome is thought to have been established part- 
ly on the model of the Pont f ex M. and the college of Pontifices. 

The Pontfex M. always resided in a public house, {habitavit, so. 
m sacra via, domo publica, Suet. Caes. 46.) called Regia, Plin, Ep, 
iv. 11. 6. (qubd in ea sacra a rege sacrijiculo erant solita ^tsurpari, 
Festus ; vel qudd in ea rex sacrificulus habitare consuesset, Serv. 
in Virg. JEn. viii. 363.) Thus when Augustus became Pontifex 
Maximus, he made public a part of his house ; and gave the Regia^ 



tm ROMAN ANTIQUITIES. 

(which Dio calls the house of the Rex sacrormn^) to the Vestal Vir^ 
gins ; to whose residence it was contiguous, Dio. liv. 27. whence 
some suppose it to be the same with the Regia JSPiimcB, the palace 
of Numa, Ovid. Inst. iii. L 30. to which Horace is supposed to al- 
lude under the name of monumenia regii, Od. i. 2. 13. and Augus- 
tus, Suet, 76.— said afterwards to sustain the atrium of Vesta, Ovid. 
Fast. vi. 263. called atrium regium, Liv. xxvi. 27. Others suppose 
it different. It appears to have been the same with that regia men- 
tioned by Festus in Equus October ; in which was the sanctuary 
of Mars, Gell. iv. 6. Plutarch. Q. Rom. 96. for we learn from Dio 
that the arms of Pflars, i. e. the Jlncilia, were kept at the house of 
Cassar, as being Pontifex M. xliv. 17. Macrobius says that a ram 
used to be sacrificed in it to Jupiter every Mendincs or market-day, 
by the wife of the Flamcn dialis, (Flaminica,) Sat. i. 16. 

A Pontifex M. was thought to be polluted by touching and even 
by seeing a dead body ; Senec. consol. ad Marc. 15. Dio. liv. 28. 35. 
Ivi. 31. as was an augur, Tacit. Annal. i, 62. So the high Priest 
among the Jews, Levit. xxi, 11. Even the statue of Augustus was 
removed from its place that it might not be violated by the sight of 
slaughter, Dio. Ix. 13. But Dio seems to think that the Po7itifex 
M. was violated only by touching a dead body, liv. 28. 

II. AUGURES, anciently called Auspices, Plutarch. Q. Rom, 
72. whose office it was to foretel future events, chiefly from the 
flight, chirping, or feeding of birds, {ex avium gesiu vel garritu et 
speciione, Festns,) and also from other appearances, Cic. Fam. vi. 
6. Horat. Od. iii. 27. &c. a body of priests, {amplissimi sacerdotii 
COLLEGIUM, Cic. Fam. iii. 10.) of the greatest authority in the Ro- 
man state, Liv, i. 36. because nothing of importance was done re- 
specting the public, either at home or abroad, in peace or in war, 
without consulting them, {nisi auspicatd, Liv. i. 36. vi, 41. sine 
auspiciis, Cic. divin. i. 2. nisi augurio acto, Id. 17. ii. 36. Varr. v. 
6. vel. capto, Suet. Aug. 95.) and anciently in affairs of great con- 
sequence, they were equally scrupulous in private, Cic. div. i. 16. 

Augur is often put for any one who foretold futurity, Cic. divin, 
ii. 3. 4. Fam. vi. 6. So Augur Apollo, i. e. qui augurio prceest, the 
good augury, Horat. Od. i. 2. 32. Virg. Mn. iv. 376. Auspex de- 
noted a person who observed and interpreted omens, (auspicia vel 
omina,) Horat. Od. iii. 27, 8. particularly the priest who officiated 
at marriages, Juvenal, x. 336. Cic. Clueni. 5. Plaut. Cas. prol. 
86. Suet. CI. 26. Liv. xlii. 12. In later times, when the custom of con- 
sulting the auspices was in a great measure dropt, Cic. Nat. D. i. 15. 
ii 3. Legg. ii. 13. those employed to witness the signing of the 
marriage contract, and to see that every thing was rightly perform- 
ed, were called Auspices Nuptiarum, Cic. Divin. i. 46. otherwise 
ProxenttcB, conciliator es, 'jra^awiiquoi pronuhi. Hence anspex is put 
for a favourer or director ; thus Auspex legis, Cic. Att. ii. 7. Aus- 
pices c(Bptorem. opernm, favourers, Virg. AEn. iii. 20. Diis Auspici- 
hus, under the direction or conduct of. Id. iv. 45. So auspice mu- 
««, Horat. Ep. i. 3. 13. Teucro. Od. i. 7. 27. 

AUGURIUM jmd AUSPICIUM are commonly used promis- 



MINISTERS OF RELIGION. 253 

ctiously, Virg, Mn. i. 392. Cic. div. i. 47. but they are sometimes 
distinguished. Auspicium was properly the foretelling of future 
events, from the inspection of birds ; augurium^ from any omens or 
prodigies whatever, Non. v. 30. So Cic. Nat. D. ii. 3. but each of 
these words is often put for the omen itself, Virg. Mn. iii. 89. 499. 
Augur I UM Salutis, when the augurs were consulted whether it 
was lawful to ask safety from the gods, Dio. xxxvii. 24. li. 21. 
Siiet. Aug. 31. Tacit. Annal. xii. 23. Civ. div. 1. 47. The omens 
were also called ostenta, portcnta, monstra, prodigia, {quia osten- 
dunt, portenduntf monstrant, prczdicunt^) Cic. div. i. 42. 

The auspices taken before passing a river were called Peremnia, 
Fesius. Cic. Mat. D, ii. 37. Dio. ii. 36. from the beaks of birds, as 
it is thought, or from the points of weapons, ex acuminibus, a kind 
of auspices peculiar to war, ihid. both of which had fallen into .dis- 
use in the time of Cicero, ihid. 

The Romans derived their knowledge of augury chiefly from the 
Tuscans ; and anciently their youth used to be instructed as care- 
fully in this art, as afterwards they were in the Greek literature, 
Liv. ix. 36. Cic. legg. ii. 9. For this purpose, by a decree of the 
senate, six of the sons of the leading men at Rome, were sent to 
each of the 12 states of Etruria, to be taught, Cic. div. i. 41. Va- 
lerius Maximus says ten, i. 1. It should probably be in both au- 
thors, one to each. 

Before the city of Rome was founded, Romulus and Remus are 
said to have agreed to determine by augury {anguriis hgere) who 
should give name to the new city, and who should govern it when 
built. Romulus chose the Palatine hill, and Remus, the Aventine, 
as places to make their observations, (templa ad inangurandum,) 
Six vultures first appeared as an omen or augury [augurium) to Re- 
mus ; and after this omen was announced or formally declared, {nun- 
ciato augurio,) or as Cicero calls it, decantat-o, Divin. i. 47. See p. 
83. & 84. twelve vultures appeared to Romulus. Whereupon each 
was saluted king by his own party. The partisans of Remus claim- 
ed the crown to him from his having seen the omen first ; those of 
Romulus, from the number of birds. Through the keenness of the 
contest they came to blows, and in the scuffle Remus fell. The 
common report is, that Remus was slain by Romulus for having in 
derision leapt over his walls, Liv. i. 7. 

After Romulus, it became customary that no one should enter up- 
on an oflice without consulting the auspices. Dionys. iii. 35. But 
Dionysius informs us, that in his time this custom was observed 
merely for form's sake. In the morning of the day on which those 
elected were to enter on their magistracy, they rose about twilight, 
and repeated certain prayers under the open air, attended by an 
augur, who told them that lightning had appeared on the left, which 
was esteemed a good omen, although no such thing had happened. 
This verbal declaration, although false, was reckoned sufficient, Dz- 
onys. ii. 6. 

The augurs are supposed to have been first instituted by Romu- 
lus, three in number, one to each tribe, Liv. x. 6. as the Haruspices, 



254 ROMAN ANTIQUITIES. 

Dionys. ii. ?'2. and confirmed by Numa, ihid. 64. The fourth was add- 
ed, probably by Servius Tullius, when he increased the number of 
tribes, and divided the city into four tribes, Id. iv. 34. Liv, i. 13. 
The augurs were at first all patricians, till A. U. 454, when five ple- 
beians were added, Liv. x. 9. Sylla increased their number to fif- 
teen, Liv. Ep. Ixxxix. They were at first chosen, as the other 
priest, by the Comitia Curiata, Dionys. ii. 64. and afterwards under- 
went the same changes as the ponlijices, Liv. iii. 37. See p. 247. 

The chief of the augurs was called Magister Collegu. 

The augurs enjoyed this singular privilege, that, of whatever 
crime they were guilty, they could not be deprived of their office, 
Plin. Ep. iv. 8. because, as Plutarch says, Q. Rom. 97. they were 

intrusted with the secrets of the empire.^ The laws of friendship 

were anciently observed with great care among the augurs, and no 
one was admitted into their number, who was known to be inimical 
to any of the college, Cic. Fam. iii. 10. In delivering their opinions 
about any thing in the college, the precedency was always given to 
age, Cic. Sen. 18. 

As the Ponlijices prescribed solemn forms and ceremonies, so the 
augurs explained all omens, Cic. Harusp. 9. They derived tokens 
(signa) of futurity chiefly from five sources ; 1st, from appearances 
in the heavens, as thunder or lightning, 'id, from the singing or flight 
of birds. Slat. Theb. iii. 482. 3d, from the eating of chickens, 4th, 
from quadrupeds, and 5th from uncommon accidents, called Dirce 

V. -a. The birds, which gave omens by singing, (oscines) were 

the raven, (corvus,) the crow, (comix,) the owl, (nnchm vel bubo,) the 
cock, {gallus gullinaccus,) &c, Festus. Plin. x. 20. s. 22. 29. s. 42. — 
Those which gave omens by flight, (alites vel prze fetes,) were the 
eagle, vulture, &c. ib. Gell. vi. 6. Serv. in Virg. Mn. iii. 361. Cic. 
div. i. 47. J^at. D. ii. 64. — The manner in which chickens fed, 
(puLLi,) Cic. div. ii. 34. see p. 83. was much attended to in war; 
Plin. x. 22. s. 24. Liv. x. 40. and contempt of their intimations was 
supposed to occasion signal misfortunes : as in the case of P. Claudius 
in the first Punic war ; who, when the person who had the charge 
of the chickens (pullarius) told him they would not eat, which was 
esteemed a bad omen, ordered them to be thrown into the sea, say- 
ing. Then let them drink. After which, engaging the enemy, he was 
defeated with the loss of his fleet, Cic, J^at. D. ii. 3. div. i. 16. Liv. 
Ep. xix. Valer. .Max. i. 4. 3. Concerning ominous birds, &c. See 
Statius. Theb. iii. 502. &c. 

The badges of the augurs {Omamenta auguralia, Liv. x. 7.) were, 
1. a kind of robe, called TRABEA, striped with purple, [virgata 
vel plamata, a trabibus dicta,) according to Servius, made of purple 
and scarlet, {ex purpura et cocco mistum,) in Virg. JEn. vii. 612. So 
Dionysius, speaking of the dress of the Salii, ii. 70. who describes 
it as fastened with clasps, ibid, hence bibaphum, i. e. purpuram bis 
tinctam, cogitare, to desire to be made an augur, Cic. Fam. ii. 16. 

bibapho vestire, to make one, Att. ii. 9. 2. A cap of a conical 

shape, like that of the ponlijices, ibid. 3. A crooked staff, which 

they carried in their right hand, to mark out the quarters of the 



MINISTERS OF RELIGION, 255 

heavens, {quo regiones cctli determinarent,) called LITUUS, {bacu^ 
lus V. -Mm, sine nodo aduncus, Li v. i. 18. Incurvum et leviter a sunt' 
mo injiexum hacillum, quod ah ejus litui,quo canitur, similitudine no- 
men invenit, Cic. divin. i. 17. Firga brevis, in parte qua robustior 
est, incurva, Gell. v. 8.) 

An augur made his observations on the heavens, (SERVABAT de 
cxlo, V. ccelum, Cic. div. ii. 35. Dom. 15. Phil. ii. 32. Lucan. i. 601. 
V. 395.) usually in the dead of the night, (post mediam noctem, Gell. 
iii. 2. media nocte, L\v. xxxiv. 14. cum est silentium, Festus : node 
siLENTio, Liv. ix. 38. viii. 23. aperto coelo, it aut apertis uti liceat lu- 
cernisy Plutarch. Q. R. 71. Id silentium dicimus in auspicio, quod 
omni vitio caret, Cic. div. ii. 44.) or about twilight, Dionys. ii. .5. 

The augur took his station on an elevated place, called arx or 
TEMPLUM, Liv, i. 6. vel tabernaculum, Liv. iv. 7. Cic. div. ii. 35. 
which Plutarch calls tfjcrjvr), in Marcell. p. 300 — where the view was 
open on all sides ; and to make it so, buildings were sometimes pull- 
ed down. Having first offered up sacrifices, and uttered a solemn 
prayer, (effata, phir. Serv. Virg. ^n. vi. 197. whence effari tem- 
plum, to consecrate, Cic. Alt. xiii. 42. hinc fana nominata qudd 
pontifices in sacrando fati sunt finem, Yarr. L. L. v, 7.) he sat down 
sedem cepit in solida sella), with his head covered, {capite velato,) 
and, according to Livy, i, 18. with his fdce turned to the east ; so 
that the parts towards the south were on the right, {partes dextrce,) 
and those towards the north on the left, {Icevce.) Then he determin- 
ed with his lituus, the regions of the heavens from east to west, and 
marked in his mind some object straight forward, {signum contra nni- 
mo jinivit,) at as great a distance as his eyes could reach : within 
which boundaries he should make his observation, Liv. i. 18. This 
space was also called TEMPLUM, {a tuendo : locus angurii aut 
auspicii causa quibusdam conc.eplis verbis finitus, Varr. Ii. L. vi. 2, 
Donat. in Ter. iii. 5. 42.) Dionysius gives the same description with 
Livy of the position of the augur, and of the quarters of the heavens, 
ii. 5. so Hyginus, de limit. But Varro makes the augur look to- 
WP^ds the south, which he calls pars anllca ; consequently, \hQpars 
sinistra was on the east, and dextra on the west : That on the north 
he c?i\hpostica, ibid. In w^hatever position the augur stood, omens 
on the left among the Romans were reckoned lucky : Plaut. Pseud. 
ii. 4. 72. Epid. ii. 2. 1. Serv. in Virg, JEn. ii. 693. ix. 631. Stat. 
Theb. iii. 493. Cic. Ugg, iii. 3. Biv. ii. 35. Gell. v. 12. Ovid. Trist. 
i. 8. 49. Dionys. ii. 5. but sometimes omens on the left are called 
unlucky ; Virg. Ed. i. 18. ix. 15. Suet. CI. 7. Vit. 9. Ovid. Epist. 
ii. 115. Trist. iv. 3. 69. in imitation of the Greeks, among whom 
the augurs stood with their faces to the north ; and then the east, 
which was the lucky quarter, was on the right. {Sinislrum, quod 
bonum sit, nostri nominaverunt, externi, (sc. Greed.) dextrum, Cic. 
div. ii. 36.) Hence dexter is often put for felix xelfaustus, luckv 
or propitious, Virg. ^n. iv. 579. viii. 302. and sinister for infelix, 
infaustus, \q\ funestus, unlucky or unfavourable, Id. i. 444, Plin. Ep. 
i. 9. vii. 28. tacit. Hist. v. 5. Thunder on the left was a good omen 
for every thing else but holding the comitia, Cic. div. ii. 18. 35. 



256 ROMAN ANTIQUITIES. 

The croaking of a raven {corvus) on the right, and of a crow (comix) 
on the left, was reckoned fortunate, and vice versa, Cic. div. i. 7. <S£ 
39. In short, the whole art of augury among the Romans was in- 
volved in uncertainty, ibid. It seems to have been at first contriv- 
ed, and afterwards cultivated, chiefly to increase the influence of the 
leading men over the multitude. 

The Romans took omens {omina captabant) also from quadrupeds 
crossing the way or appearing in an unaccustomed place, {Juvenal, 
xiii. 63. Horat. Od. iii. 27. Liv. xxi. ult. xxii. 1.) from sneezing, (ea; 
sternutatione,) spilling salt on the table* and other accidents of that 
kind, which were called Dira, sc. signa, or Dirje, Cic. de divinat. i. 
16. ii. 40. Dio. xl. 18. Ovid. Amor. i. 12. These the augurs ex- 
plained, and taught how they should be expiated. When they did 
so, they were said commentari, Cic. Amic. 2. If the omen was good, 
the phrase was, Impetritum, inauguratum est. Plant. Asin. ii. 11. 
and hence it was called Augurium impetrativum vel optatum, Serv. 
in Virg. JEn. v. 190. Many curious instances of Roman supersti- 
tion, with respect to omens and other things, are enumerated, Plin. 
28. 2. as among the Greeks, Pausan. iv. 13.— Caesar, in landing at 
Adrumetum in Africa with his army, happened to fall on his face, 
which was reckoned a bad omen ; but he, with great presence of 
mind, turned it to the contrary : For, taking hold of the ground with 
his right hand, and kissing it, as if he had fallen on purpose, he e^x- 
claimed, I take possession of thee, Africa, (Ten eo te, Africa,) 
Dio. x\ii. fin. Suet. Jul. 59. 

Future e^ ents were also prognosticated by drawing lots, (sortibus 
ducendis^ Cic. div. ii. 33. thus, Oracida sortibus cequatis ducuntur, 
Id. i. 18. that is, being so adjusted, that i\\^.y had all an equal chance 
of comii :g out first, Plant. Cas. ii. 6. 35.) These lots were a kind 
of dice {tali v. tessera) made of wood. Plant. Cas. ii. 6. 32. of gold, 
Suet. Tib. 14. or other matter, Plant, ibid. 46. Pausaii. Messen. iv. 
3. Eliac. V. 25. with certain letters, words or marks, inscribed on 
them, Cic. div. ii. 41. They were thrown commonly into an urn, 
ibid, sometimes filled with water, Plaut. ibid. 28. & 33. and drawn 
out by the hand of a boy, or of the person who consulted the oracle. 
The priest of the temple explained the import of them, Cic. div. i. 
34. The lots were sometimes thrown like common dice, and the 
throws esteemed favourable or not, as in playing. Suet. Tib. 14. Pro- 
pert, iv. 9. 19. SoRTEs denotes not only the lots themselves, and 
the answer returned from the explanation of them, thus, Sortes ipsas 
et cetera, guce erant ad sortem, i. e. ad responsum reddendum parata, 
disturbavit simia, Cic. div. i. 34. Liv. viii. 24 ; but also any verbal 
responses whatever of an oracle, (sortes quce vaticinationefunduntur, 
qu(S oracula verius diciraus,) Cic. div. ii. 33. & 56. Dictiz per carmi- 
na sortes, Horat. art. p. 403. So Liv. i. 56. v. 15. T^irg. A^n. iv. 
346, vi. 72. Ovid. Met. i. 368. & 381. &c. Thus Oraculum is put 
both for the temple, Cic. Font. 10. Ep. ad Brut. 2. and the answer 
given in it, Cic. div. i. 1. 34. & 51. &:c. Tacitus calls by the name of 

* The spilling of salt is, by superstitious people among us, still reckoned a bad 
omen ; and an excellent paper in the Spectator is written to decry the absurdity. 



MINISTERS OF RELIGIOJs. 257 

Sortes the manner which the Germans used to form conjectures about 
futurity. They cut the branch of a tree into small parts or slips (m 
surculos,) and distinguishing these slips by certain marks, scattered 
them at random, {temcrc ac fortuitd) on a white cloth. Then a 
priest, if the presage was made for the public, {si publico consutere- 
tur,) if in private, the master of a family, having prayed to the gods, 
and looking to heaven, took up each of the slips three times, and in- 
terpreted it according to the mark impressed on it, Tacit, de mor. G. 
10. Of prophetic lots, those of Prs^neste w^re the most famous, 
Cic. div, ii. 41. Suet, Tib. 63. Domit. 15. Stat. Sijlv. 1. 3. 80. Livy 
mentions among unlucky omens the lots of Ceers to have been di- 
minished in their bulk, {extenuatcB) xxi. 62. and of Falerii, xxii. 1. 
Omens of futurity were also taken from names. Plant. Pers. iv. 4. 
73. Bacch. ii. 3. 50. Those who foretold futurity by lots, or in any 
manner whatever, were called Sortilegi ; Lucan. ix. 581. which 
name Isidorus applies to those who, upon opening any book at ran- 
dom, formed conjectures from the meaning of the first line or pas- 
sage w^hich happened to turn up, viii. 9. Hence in later writers we 
read of the Sortes Virgilian,^, Homericce, &c. Sometimes select 
verses were written on slips of paper, {in pittaciis,) and being thrown 
into an urn, were drawn out like common lots f whence of these it 
was said, Sors excidit, Spartian. Adrian. 2. Lamprid. Alex. Sev. 14. 
■ — Those who foretold future events by observing the stars, were 
called Astro LOG I, Cic. Divin. i. 38. 39. ii. 42. Verr. ii. .32.1 Ma- 
th em atici, Su"t. -^lyg. 94. Tib, Cal. 57. Tacit. Hist. i. 22. Juvenal. 
vi. 561. xiv. 248. Genethliaci, Gell. xiv. 1. from genesis vel geni- 
twdy the nativity or natal hour of any one, or the star which hap- 
pened to be then rising, {sidus natnlitium, Cic. div. ii. 43.) Juvenal, 
xiv. 248. Suet. Tit. 9. and which was supposed to determin.e his fu- 
ture fortune ; called also Horoscdpus (ab hord inspicienda,) thus, Ge- 
minos, horoscope, xiaro (for vario) producis genio ; O natal hour, al- 
though one and the same, thou producest twins of different disposi- 
tions, Pers. vi. 18. Hence a person was said habere imperatoriam 
genesim, to whom an astrologer had foretold at his birth, that he 
would be emperor, Suet. Vesp. 14. Dom. 10, Those astrologers 
were also called CnALD^i or B \bylonu, because they came origm- 
ally from Chaldeea or Babylonia, Strab. xvi. 739. or Mesopotamia, 
i. e. the country between the conflux of the Euphrates and Tigris, 
Plin. vi. 28. Diodor. ii. 29. Hence Chaldaicis ralionibus eruditus, 
skilled in astrology, CAc, div, ii. 47. Bahylonica doctrina, astrology, 
Lucret. V. 726. — nee Bahylonios tenturis nvmeros, and do not try as- 
trological calculations, i. e. do not consult an astrologer ; Horat. Od. 
i. 11. these used to have a book, {ephmen's, v. plur. -ides,) in which 
the rising and setting, the conjunction, and other appearances of the 

* The use of the lot In doubtful cases, however abused or misapplied in ancient or 
modern times, is warrajited hy divine authority, Lev. xvi. 8. i». 10,Joih. i. 6. 1. Sam. 
xiv. 41. Ps. xvi. 3. Prov. xvi. 23. Acts. i. 26. &c. 

t When mention is made in the classic authors, of the Mathematici being banished 
from Rome or from Italy, these jugglers, and not real mathematicians, are always in- 
tended. 

33 



258 ROMAN ANTIQUITIES. 

stars, were calculated. Some persons were so superstitious, that m 
the most trivial affairs of life they had recourse to such books, Plin. 
29. 1. which Juvenal ridicules, vi. 576. An Asiatic astrologer 
{Phryx Angur, et Indus,) skilled in astronomy (astrorum mundique 
perituSf) was consulted by the rich ;* the poor applied to common 
fortunetellers,! {sortilegi vel divini,) who usually sat in the Circus 
Maximus, ibid, which is therefore called by Horace fallax, Sat. \. 
6. 113. 

X Those who foretold future events by interpreting dreams, were 
called Conjectores ; by apparent inspiration, halioli v. divini ; vates, 
V. vaticinaioreSf 6lc. 

§ Persons disordered in their mind, {melancholia', cardidci, et 

phrenetici,) were supposed to possess the faculty of presaging future 

events, Cic. div. i. 38. These were called by various other names ; 

CERRITI or Centi, Plant. Amph. ii. 2. 144. Horat. Sat. ii. 3. 278, 

because Ceres was supposed sometimes to deprive her worshippers 

of their reason, J^on. i. 213. also Larvati, Larvarum plenif i. e. 

furiosi et mente moti, quasi Larvis et spectris exterriti, Festus. Plaut. 

Men.^v. 4. 2. and Lymphatici, or lymphati, Virg. iEn. vii. 377. 

Liv. vii. 17. (« nymphis in furorem acti, wiJ^cpoXvi'^TCi, Varro. L, L, 

vi. 5. qui speciem quandam e fonte, id est ejffigiwn nymphcB viderint, 

Festus,) because the nymphs made those who saw them mad, Ovid, 

Ep, iv. 49. Isidore makes lymphaticus the same with one seized 

with the hydrophobia^ (qui aquam iimeat, vS^ocpof^os,) x. litera L. Pavor 

lymphaticus, a panic fear, Liv. x. 28. Senec. Ep. 13. Nummi auri 

lymphatici, burning in the pocket, as eager to get out, or to be spent, 

Plaut. P(zn. i. 2. 132. Mens lymphata Maraotico, intoxicated, Horat. 

Od. 1. 37. 14. As hellebore was used in curing those who were 

mad, hence elleborosus for insanus, Plaut. Rud. iv. 3. 67. Those 

* The shepherds who watched their flocks by night, in order to guard them from 
the wild beasts, in the fertile plains of Babylon and Egypt, having been long habitu- 
ated to observe the stars, as guides in theirjourneyings, were the first students of this 
art, as well as of astronomy. The principles of spherical trigonometry were after- 
wards applied to this subject : it has been deemed a valuable branch of science : ma- 
ny treatises have been written on it, and men of sense and learning seduced by its 
fanciful illusions. The eventual accomplishment of some of its predictions, were sup- 
posed to stamp it with infallibility; though there was no other foundation for belief 
in its truth and certainty, than the deluded vagaries of a heated imagination. The 
poet Drydkn, among others, is said to have been deeply versed in this pretended 
science. It is now almost unknown and forgotten. 

t In our own day, fortunetellers are no rarity. They draw their presages from the 
configuration of ihe lints on the hand and face ; and from cutting and shuffling of 
cards, or examining the grounds on the edge and bottom of a teacup ; and notwith- 
standing the absurdity of the practice, these impostors have plenty of employment. 
So eager is the human mind to pry into the secrets of futurity. 

X Of dreamers also, abundance are to be found in our own times ; and in some in- 
stances, among a class of people, from whose opportunities and understanding we 
might look for an exemption from these follies. There are some few also, who pre- 
tend to foreknow marriages and funerals; but these persons generally are wise 
enough to conceal their pres-cience, till the event has taken place. 

§ The Bailies of Lunatics have in all ages been attributed, or compared to inspira- 
tion. Surprise, tenderness, and sympathy have no doubt a considerable share in 
originating this sentiment. 

The same motives may contribute to produce the veneration paid to (he Goitres 
among the Jllps, and to Idiots in India. 



MINISTERS OF RELIGION. 259 

transported with religious enthusiasm were called Fanatici, Juve- 
naL'\\. 113, iv. 123, Cic, divin. ii, 57. Dom. 60. from fanum, a 
fari^ because it was consecrated by a set form of words, (fando,) 
Festus, & Varr. L. L. v. 7. — or from Faun us, (qvi primus fani 
conditor fuil,) Serv, in Virg. G, 1. 10. From the influence of the 
moon on persons labouring under certain kinds of insanity, they are 
called by later writers LUNATICI. 

HARUSPICES, ab haruga, i, e, ab hosliiu (Donat in Ten Phorm. 
iv. 4. 28. vel p >tius a victimise ant extis victimarum in ara inspici- 
endis;) called also Extispices, Cic, Div, ii, 11. Ab??. i. 53. who 
examined the victims and their entrails after they were sacrificed, 
and from thence derived omens of futurity ; Slat. Theb. iii. 456. 
also from the flame, smoke, and other circumstances attending the 
sacrifice; as if the victim came to the altar without resistance, stood 
there quietly, fell by one stroke, bled freely, 6lc. These were fa- 
vourable signs. The contrary are enumerated, Virg. G. iii. 186, 
Lucan. i. 609. &c. They also explained prodigies, Cic. Cat. iii. 8. 
Div. i, 3. Suet. Aug. 29. Plin, vii. 3. Their office resembled that 
of the augurs ; but they were not esteemed £:> honourable : hence, 
when Julius Caesar admitted Ruspina, one of them, into the senate, 
Cicero represents it as an indignity to the order, Fum. \\- 18, Their 
art was called Hauspicsna, v. haruspicium diiciplina^ Cic. div. i. 2. 
41. and was derived from Etruria, where it is said to have been 
discovered by one Tagus, Cic. div. ii. 23. Ovid. Met. xv, 5.53. Lu- 
can. i. 637. Censorin. nat. d. 4. and whence Haruspices were often 
sent for to Rome, Liv, v. 15. xxvii. 37. Cic, Cat. iii. 8. Lucan. i. 
584. Martial, iii, 24. 3. They sometimes came from the east ; thus 
Armenius vel Comagemis haruspex, Juvenal, vi. 549, Females also 
practised this art, (ARuspiciE) Plant. Mil. Glor. iii. 1. 99. The 
college of the Haruspices was instituted by Romulus, Dionys. ii. 22, 
Of what number it consisted is uncertain. Their chief was called 
SuMMUs Haruspex, Cic, div. ii. 24. 

Cato used to say, he was surprised that the Haruspices- did not 
faugh when they saw one another, Cic. Nat. D, i. 26. Divin. ii. 24. 
their art was so ridiculous ; and yet wonderful instances are record- 
ed of the truth of their predictions, Liv. xxv. 16. Sallust. Jvg. 63. 
Tacit. Hist. i. 27. Suet. Galb. 19. Suet. Cces. 81, Dio. xliv. 18. 

III. QUINDECEMVIRI sacris faciundus ; these had the charge 
of the Sibylline books ; inspected them by the appointment of the 
senate in dangerous junctures ; and performed the sacrifices which 
they enjoined. It belonged to them in particular to celebrate the 
secular games, Horat. de Carm. scec. 72. Tacit. Annal. ii. 11. vi. 12. 
and those of Apollo, Dio. liv. 19. They are said to have been in- 
stituted on the following occasion. 

A certain woman called Amalthsea, from a foreign country, is said 
to have come to Tarquinius Superbus, wishing to sell nine books of 
Sibylline, or prophetic oracles. But upon Tarquin's refusal to give 
her the price which she asked, she went away, and burnt three of 
them. Returning soon after, she demanded the same price for the 
remaining six. Whereupon being ridiculed by the king, as a sense- 



260 ROMAN ANTIQUITIES. 

less old woman, she went and burnt other three ; and coming back, 
still demanded the same price for the three which remained. Gel- 
lius says, that the books were burnt in the king's presence, i. 19. 
Tarquin, surprised at the strange conduct of the woman, consulted 
the augurs what to do. They, regretting the loss of the books, which 
had been destroyed, advised the king to give the price required. 
The woman therefore having delivered the books, and having de- 
sired them to be carefully kept, disappeared, and was never after- 
wards seen, Dioni/s. iv. 62. Laciaul. i. 6. Gdl. i. 19. Pliny says 
she burnt two books, and only preserved one, Plin. xiii. 13. s. 27. 
Tarquin committed the cure of these books, called Libri Sibylli- 
NA, ibid, or versus, Horat. Carm. scbc. 5. Cic, Vcrr, iv. 49. to two 
men {Duumviri) of illustrious birth ; Dionys, ibid, one of whom, 
called Atillius, Dionys, iv. 62. or Tullius, Valex Maximus. i. 1. 13. 
he is said to have punished, for being unfaithful to his trust, by or- 
dering him to be sewed up alive in a sack, {in culeum insui,) and 
thrown into the sea, ibid, the punishment afterwards inflicted on 
parricides, Cic. Rose. Am. 25. In the year 387, ten men (decemviri) 
w^ere appointed for this purpose ; five patricians, and five plebeians; 
Liv. vi. 37. 42. afterwards fifteen, as it is thought by Sylla, Serv, in 
Virg. JEn. vi. 73. Julius Ca3sar made them sixteen, Dio. xlii. 51. 
xliii. 51. They were created in the same manner as the Ponlifices^ 
Dio. liv. 19. See Lrx Domilia. The chief of them was called 
Magister Collkgii, Plin. xxviii. 2. 

These Sibylline books were supposed to contain the fate of the 
Roman empire, Liv. xxxviii. 45. and therefore, in public danger or 
calamity, the keepers of them were frequently ordered by the senate 
to inspect [adirf, im^ipieere v. consuierc) them, Liv. iii. 10. v. 13. 
vii. 27. xi. 12. xxi. 62. xxii. 9. xxix. 10. xxxvi. 27. xli. 21. They 
were kept in a stone chest below ground in the temple of Jupiter 
Capitolinus. But the Capitol being burnt in the Marsic war, the 
Sibylline books were destroyed together with it, A. U. 670. Where- 
upon ambastjadors were sent every where to collect the oracles of 
the Sibyls, Tacil. Annal. vi. 12. For there were other prophetic 
women besides the one who came to Tarquin, Pausan. x. 12. Lac- 
tantius from Varro mentions ten, i. 6. ^iian, four, xii. 35. Pliny 
says there were statues of three Sibyls, near the Rostra in the Fo- 
rum, xxxiv. 5. s. 10. The chief was the Sibyl of Cumae, (SiuytLA 
CuM^A.) whom iEneas is supposed to have consulted ; called by 
Virgil Dnphobe, Mn. vi. 30. 98. from her age, longieva, 321. vivaxy 
Ovid. Met. xiv. 104. and the Sibyl of Erythrae, a city of Ionia, 
(Ervthrtea Sibylla,) Cic. divin. i. 18. who used to utter her ora- 
cles with such ambiguity, that whatever happened, she might seem 
to have predicted it, id. ii. 54. as the priestess of Apollo at Delphi, 
Pausan. iv. 12. &:c. the verses, however, were so contrived, that the 
first letters of them joined together made some sense ; hence called 
AcRosTicHis, or in the plural acroslichides, (axpo^»p(£«c;,) Dionys. iv. 
62. Christian writers often quote the Sibylline verses in support of 
Christianity ; as Lactantius, i. 6. ii. 11. 12. iv. 6. but these appear 
to have been fabricated. 



MINISTERS OF RELIGION. 261 

From the various Sibylline verses thus collected, the Quindecem- 
'ciri made out new books ; which Augustus (after having burnt all 
other prophetic books, falidici libri^ both Greek and Latin, above 
2000) deposited in two gilt cases, {forulis auratis,) under the base 
of the statue of Apollo, in the temple of that god on the Palatine 
hill, Suet. Au^. 31. to which Virgil alludes, -4E/<. vi. 69. &c. having 
first caused the priests to write over with their own hands a new 
copy of them, because the former books were fading with age, Dio. 
hv. 17. 

The Quindecemviri were exempted from the obligation of serv- 
ing in the army, and from olher offices in the city. Their priest- 
hood was for life, Dionys. iv. 62. They were properly the priests 
of Apollo ; and hence each of them had at his house a brazen tripod, 
{cortina vel tripus,) Serv. in Virg. ^n. iii. 332. Val. Flac. i. 5. as 
being sacred to Apollo, Sud. Ahq;. 52. Similar to that on which 
the priestess at Ddphi sat, which Servius makes a three-footed 
stool or table, {mensa,) ibid. 360 ; but others, a vase with three feet 
and a covering, properly called Cortina, (oXjulo^,) which also signi- 
fies a large round cauldron, Plin. xxxv. 11. s. 41. Varr. L. L. vi. 
3. often put for the whole tripod, or for the oracle, Virg. AUn, vi. 
347. iii. 92. Ovid. Met. xv. 635. Plin. xxxiv. 3. s.S: hence tripo- 
das sentire, to understand the oracles of Apollo, Virg. JEn. iii. 360. 
When tripods are said to have been given in a present, vases or 
cups supported on three feet are understood, Virs:. JEn. v. 110. 
Horat. Od. iv. 8. 3. Kcp. Pans. 1. Ovid. Her. iii. 32.^ Suet. Aug. 52. 
such as are to be seen on ancient coins. 

IV. SEPTEMVIRI epuionem, who prepared the sacred feasts at 
games, processions, and on other solemn occasions. 

It was customary among the Romans to decree feasts to the gods, 
in order to appease their wrath, especially to Jupiter, {epidum Jo- 
vis, V. -7,) during the public games,( ludorum causa,) Liv. xxv. 2. 
xxvii. 38. xxix. 38. fin. xxx. 39. xxxi. 4. xxxii. 7. These sacred 
entertainments became so numerous, that the Poniifices could no 
longer attend to them ; on which account this order of priests was 
instituted to act as their assistants. They were first created A. U. 
557. three in number, (Triumviri Epulone-s,) Liv. xxxiii. 44. Cic. 
Orat. iii. 19. and were allowed to wear the toga prcetexta, as the 
Pontifices, ibid. In the sing. Triumvir Epulo, Id. xl. 42. Their 
number was increased to seven, it is thought by Sylla, Gell. i. 12. 
sing. Septemvirque Ei ulis fesiis, Lucan i. 602. If any thing 
had been neglected or wrongly performed in the public games, the 
Epulones reported it {afferebant) to the Pontifices ; by whose decree 
the games on that account were sometimes celebrated anew, Cic. 
Harusp. 10. Liv. ibid. The sacred feasts were celebrated with great 
magnificence; hence, Canoi poutifiicum v. pontificales, et augurales, for 
sumptuous entertainments, Horat. Od. ii. 14. 28. Macrob. Sat. ii. 9. 

The Pontifices, Augurcs, Septcmviri Epulones, and Quindecemviri 
were called the four colleges of priests, (Tscrca^ec: kpuCvmi. Dio. liii. 
1. Sacer dotes summorum collkgiorum. Suet. Aug. 101.) When di- 
vine honours were decreed to Augustus, after his death, a fifth col- 



262 ROMAN ANTIQUITIES. 

lege was added, composed of his priests ; hence called Collegium 
SoDALiuM AuGUsrALiiiM, Tacit, Annul, iii. 64. Dio. Ivi. 46. Iviii. 
12. So Flavialium collegium., the priests of Titus and Ves- 
pasian, Sud. Dom. 4. But the name of COLLEGIUM was applied 
not only to some other fraternities of priests, Liv. xxxvi. 3. but to 
any number of men joined in the same office ; as the Consuls, Liv. 
X. *22. 24. Prsetors, Cic. Off. iii. 20. Quaestors, Suel. Claud. 24. 
Tribunes, Cic. Dom. 18. also to any body of merchants, Liv. ii. 27. 
or mechanics, Pliu. xxxiv. 1. Plin. Ep. x. 42. to those who lived in 
the capitol, Liv. v. 50. 52. even to an assemblage of the meanest 
citizens, Cic. Dom. 28. or slaves, Cic. post red. in Sen. 13. Sext. 25. 
Pis. 4. 

To each of the colleges of Ponlijices, Augures, and Quindcctmvirif 
Julius Caesar added one, Dio. xlii. 51. and to the Septemviri, three, 
Jd. xWi. fin. After the battle of Actium, a power was granted to 
Augustus, of adding to these colleges as many extraordinary mem- 
bers as he thought proper ; which power was exercised by the suc- 
ceeding emperors ; so that the number of those colleges was thence- 
forth very uncertain, Dio. h. 20. liii. 17. They seem, however, 
to have retained their ancient names ; thus, Tacitus calls himself 
Quindccemvirali sacerdotio prceditus, Ann. xi. 11. and Pliny men- 
tions a Septemvir Efulonum, Ep. ii. 11. 

It was anciently ordained by law, that two persons of the same 
family {sx tti^ aurris (Jvyysvsias) should not enjoy the same priesthood, 
Dio. xxxix. 17. But under the emperors this regulation was dis- 
regarded. 

The other fraternities of priests were less considerable, although 
composed of persons of distinguished rank. 

1. FRATRES AMBAR^^ALES, twelve in number, who offered 
up sacrifices for the fertility of the ground, {ut 'AYvtfruges ferrent^) 
Varr. iv. 15. which were called Sacra Amharralia, because the vic- 
tim was carried round the fields, {arva ambiebat, ier circumibat hos- 
tiafruges, Virg. G. i. 345.) Hence they were said, agros lustrare. 
Id. Eel. V. 75. eipurgare, Tibull. ii. 1. 1. & 17. and the victim was 
called HosTiA ambarvalis, Festus. Macrob. Sat. iii. 5. attended 
with a crowd of country people, having their temples bound with 
garlands of oak leaves, dancing and singing the praises of Ceres ; to 
whom libations were made of honey diluted with milk and wine, 
(cui tu lade favcs,. i. e. mel, et mili dilne Baccho, Virg. G. i. 554.) 
These sacred rites were performed before they began to reap, pri- 
vately as well as publicly, ibid. 347. 

This order of priests is said to have been instituted by Romulus 
in honour of his nurse Acca Laurentia, who had 12 sons, and when 
one of them died, Romulus, to console her, offered to supply his 
place, and called himself and the rest of her sons, Fratrks Arva- 
LEs. Their office was for life, and continued even in captivity and 
exile. They wore a crown n^ade of the ears of corn, {corona spicea,) 
and a white woollen wreath around their temples, {infida alba,) 
Gell. vi. 17. Plin. xviii. 2. 

Inful^ erant filamenta lanea, quibus sacerdotes et hostios, templa- 



MINISTERS OF RELIGION. 263 

que -oelahantur, Festus. The infulce were broad woollen bandages 
tied with ribands, (vittce,) Virg. G. iii. 487. JEn. x. 538. Ovid. 
Pont. iii. 2. 74. used not only by priests to cover their heads, Cic, 
Verr. iv. 50. Lucun, v. 142. but also by suppliants, Cas, B. C. ii. 
12. Liv, xxiv. 30. xxv. 25. Tacit. Hist, i. 66. 

2. CURIONES, the priests, who performed the public sacred 
rites in each curia, 30 in number. See p. 13. Heralds who notified 
the orders of the prince or people at the spectacles were also called 
CuRioNEs, Plin, Ep. iv. 7. Martial. Prcbjf. ii. Plautus calls a lean 
lamb ciiriOf i. e. qui curd macet, which is lean with care, Aul. iii. 6. 27* 

3. FECI ALES vel Fetiates, sacred persons employed in declar- 
ing war and making peace, Liv. ix. 5. The Fexialis, who took the 
oath in the name of the Roman people in concluding a treaty of 
peace, was called PATER PATRATUS, [quod jusjnrandum pro 
toto populo p^imhdit, \. e. prcBstabat vel peragebat,) Liv. i. 24. The 
Feciales {collegium fecialium, Liv. xxxvi. 3.) were instituted by Nu- 
ma Pompilius, borrowed, as Dionysius thinks, i. 21. ii. 72. from the 
Greeks : they are supposed to have been 20 in number, Varr, apud 
J^on, xii. 43. They judged concerning every thing which related to 
the proclaiming of war and the making of treaties ; ibid. Cic. legg, 
ii. 9. the forms they used were instituted by Ancus ; Liv. i. 32. 
They were sent to the enemy to demand the restitution of effects, 
(cLARiGATUM, i. c. res raptusy clare repititum,) they always carried 
in their hands, or wreathed round their temples, vervain, {verbena,} 
Serv. in Virg. xii. 120. vel verbenaca, a kind of sacred grass or clean 
herbs, {sagmina v. herbce punz,) plucked from a particular place in 
the capitol, with the earth, in which it grew, {gramen ex arce cum 
sua terra evulsum ^) hence the chief of them was called Verbenari- 
us, Plin. xxii. 3. xxx. 9. s. 69. If they were sent to made a treaty, 
each of them carried vervain as an emblem of peace, and a flint 
stone to strike the animal which was sacrificed, {privos lapides sili- 
ces, privasque verbenas,) Liv. xxx. 43. 

4. SODALES Titii vel Titimses, priests appointed by Titus Ta- 
tius to preserve the sacred rites of the Sabines : or by Romulus in 
honour of Tatius himself, Tacit. Annal. i. 54. Hist. ii. 95. in imita- 
tion of whom, the priests, instituted to Augustus after his death, 
were called Sodales, ibid. Suet. Claud. 6. Galb. 8. 

5. REX Sacrorum, vel Rex sacrijiculus, a priest appointed after 
the expulsion of Tarquin, to perform the sacred rites, which the 
kings themselves used formerly to perform ; an office of small im- 
portance, and subject to the Ponlifex Maximus, as all the other priests 
were, Liv. ii. 2. Dionys. iv. 74. v. 1. Before a person was ad- 
mitted to this priesthood, he was obliged to resign any other office 
he bore, Liv. xl. .52. His wife was called Regina, Macrob. Sat. i. 
15. and his house anciently Regia, Serv. in Virg. JEn. viii. 363. 

The PRIESTS of PARTICULAR GODS. 

The priests of particular gods were called FLAMINES, from a 
cap or fillet (a^/o vel pileo,) which they wore on their head, Varr, 
L. L. iv. 15. The chief of these were, 



264 ROMAN ANTIQUITIES. 

I. Flamcn DIALIS, the priest of Jupiter, who was distinguished 
by a lictor, sella curulis, and toga prcelexta, Liv. i. 20. and had a right 
from his office of coming into the senate, Liv. xxvii. 8. 11. Flamen 
MARTIALIS, the priest of Mars ; III. QUIRINALIS, of Romulus, 
&c. These three were always chosen from the patricians, Cic. Dom. 
14. — They were first instituted by Numa, Liv. i. 20. Dionys. ii. 64. 
who had himself performed the sacred rites, which afterwards be- 
longed to the Flamen Dialis, l.iv. i. 20. They were afterwards cre- 
ated by the people, GelL xv. 27. when they were said to be e/ec/i, 
designaii, crcati vel destinati, Veil. ii. 43. JSuet. Jul. I. and inaugu- 
rated or solemnly admitted to their office by the Pontifex M. and the 
augurs, Cic, Phil, il 34. Brut. 1. Suet. Cal. 12. Liv. xxx. 26. Valer. 
Max. vi. 9. 3. when they were said inaugurari, prodi, vel capii ibid. 
& Cic. Mil. 10. 17. The Pontifex M. seems to have nominated 
three persons to the people, of whom they chose one, Tacit, Annal. 
iv. 16. 

The Flamines wore a purple robe called L^na, Cic. Brut. 14. 
which seems to have been thrown over their toga ; hence called by 
Festus duplex amictus^ and a conical cap, called afex, Liican. i. 604. 
Lanigerosque apices, Virg. JEn. viii. 664. Although not PontijiceSt 
they seem to have had a seat in that college, Cic. Harusp. 6. Dom, 
9. Other Flamines were afterwards created, called Minores, who 
might be plebeians, Festus, as the Flamen of Carmenta, the mother 
of Evander, Cic. Brut. 14. The emperors also, after their conse- 
cration, had each of them their Flamines, and likewise colleges of 
priests, who were called sodales, Suet. CI. 6. Thus, Flamen C^- 
SARTs, Suet. Jul. 74. sc. Antonius, Cic. Phil. ii. 43. Dio. xl. iv. 6. 

The Flamen of Jupiter was an office of great dignity, (maxima 
dignationis inter xv. flamines, Festus,) but subjected to many re- 
strictions, as that he should not ride on horseback, Fest. & Plin, 
xxxviii. 9. nor stay one night without the city, IJv. v. 52. Tacit. 
Annal. iii. 58. nor take an oath, Liv. xxxi. 50. and several others 
enumerated, Cell. x. 15. Plutarch. Q. Rom. 39. 43. 107. 108. &c. 
His wife (Flaminica,) was likewise under particular restrictions, ibid, 
& Tacit. Annal. iv. 16. Ovid. Fast. vi. 226. but she could not be di- 
vorced, and if she died, the Flamen resigned his office, Plutarch. Q. 
Rom. 49. because he could not perform certain rites without her as- 
sistance, ibid. 

From the death of Merula, who killed himself in the temple of Ju- 
piter, {incisis venis, superfusoque aliarihus sanguine,) Cicero says in 
the temple of Vesta, Orat. iii. 3. to avoid the cruelty of Cinna, A. 
U. 666. Flor. iii. 21. Veil. ii. 22. there was no Flamen Dialis, for 
72 years, Tacit. Annal. iii. 58. (Dio makes it 77 years, LJb. 36. but 
seems not consistent, ibid. 24.) and the duties of his function were 
performed by the Pontijices ^ till Augustus made Servius Maluginen- 
sis, Priest of Jupiter, Tacit, ibid. Suet. Aug. 31. Julius Caesar had 
indeed been elected {destinatus. Suet. 1. creatus, Veil. ii. 43.) to 
that office at 17 {pene puer, ibid.) but not having been inaugurated, 
was soon after deprived of it by Sylla, ibid. 

II. SALII, the priests of Mars, twelve in number, instituted by 



MINISTERS OF RELIGION. 265 

Numa ; so called, because on solemn occasions ihey used to go 
through the city dancing, (a saltu nomitia ducunt, Ovid. Fast. iii. 387. 
exsultantes Salh, V'lrg. Mn. viii. 663. a saltando, quodfacere in co- 
mitio in sacris quotannis solent et dehent, Varr, iv. 15.) drest in an 
embroidered tunic, {tunica picld,) bound with a brazen belt, and a 
toga pratexta or trahea ; having on their head a cap rising to a con- 
siderable height in the form of a cone, {apex, >cu^/3acria,) with a sword 
by their side ; in their right hand, a spear, a rod, or the like ; and 
in their left, one of the Jlncilia, or shields of Mars, Dionys. ii. 70. 
Lucan says it hung from their neck, Et Salins lata poriat ancilia col- 
lOf i. 603. Seneca resembles the leaping of the Salii, {saltus sali- 
ARis,) to that of fullers of ck)th, {saltus Fullonius,) Ep. 15. They 
used to go to the capitol, through the Forum and other public parts 
of the city, singing, as they went, sacred songs, {per urbem ibant ca- 
nentes carmina cum tripudiis solennique saltatu, Liv. i. !20. Herat. Od. 
i. 36. 12. iv. 1. 28.) said to have been composed by Numa, {Saliare 
J^umoe carmen,) Herat. Ep. ii. 1. 86. Tacit. Annal. ii. 83. which, 
in the time of Horace, could hardly be understood by any one, ibid. 
scarcely by the priests themselves, Quinctilian. i. 6. 40. Festus 
calls these verses Axamenta, vel Assamenta. 

The most solemn procession of the Snlii was on the first of March, 
m commemoration of the time when the sacred shield was believed 
to have fallen from heaven in the reign of Numa. They resembled 
the armed dancers of the Greeks, called Curetes, from Crete, where 
that manner of dancing, called Pyrriche, had its origin; whether 
invented by Minerva, or, according to the fables of the poetj?, by the 
Cureles, who, being intrusted with the care of Jupiter in his infancy, 
Serv. in Virg. iv. 151. to prevent his being discovered by Saturn, 
his father, drowned his cries by the sound of their arms and cymbals, 
Dionys, ii. 70. vii. 72. Hygin. 139. It was certainly common among 
the Greeks in the time of Homer, II. vi. z\ 494. Strab. x. 467. & 
468. ^n. 

No one could be admitted into the order of the Salii, unless 
a native of the place, and freeborn, whose father and mother were 
alive. Lucan calls them lecta juventus patricia, because chosen from 
that order, ix. 478. The Salii, after finishing their procession, had 
a splendid entertainment prepared for them. Suet. Cland. 33 ; hence 
Salures dapes, costly dishes, Horat. Od. i. 37. 2. Epulari Saliarem 
in modum, to feast luxuriously, Cic. Att. v. 9. Their chief was call- 
ed Pr^sul, (i. e. qui ante alios, salit ;) who seems to have gone 
foremost in the procession, Cic. Divin. i. 26. ii. 66 ; their principal 
musician, Vates ; he who admitted new members, Magister ; Ca- 
pitolin. in Antonin. philos. 4. According to Dionysius, iii. 32. Tul- 
lus Hostilius added twelve other Salii, who were called Agonales, 
-enses, or Collini, from having their chapel on the Colline hill. Those 
instituted by Numa had their chapel on the Palatine hill ; hence for 
the sake of distinction they were called Palatini, Id. ii. 70. 

III. LUPERCI, the priests of Pan ; so called (a lupo) from a 
wolf, because that god was supposed to keep the wolves from the 

34 



266 ROMAN ANTIQUITIES. 

sheep, Scrv. in Virg, Mn. viii. 343. Hence the place where he 
was worshipped was called Lupercal, and his leslival Lupercalia, 
which was celebrated in February ; at which time the Luperci rdn 
up and down the city nakecJ, having only a girdle of goat-skins round 
their waist, and thongs of the same in their hands, with which they 
struck those whom they met : particularly married women, who were 
thence supposed to be rendered prolific, Ovid, Fast. ii. 427. & 445. 

There were three companies [sodaluaUs) of Luperci j two an- 
cient, called Fabiam and QuiNTiLiAM, (a Fabio f^ Quintilio/>r(E5- 
pnsitis suis, Festus,) and a third, called Julii, instituted in honour of 
Julius Caesar, whose first chief was Antony ; and therefore, in that 
capacity, at the festival of the Lupercalia, although consul, he went 
almost naked into ihQforwn Julium, attended by his Jictors, and ha- 
ving made an harangue to the people, {nundus concionalus est,) Cic. 
Phil. ii. 34. &l 43. from the Rostra, he, according to concert, as it is 
believed, presented a crown to Caesar, who was sitting there in a 
golden chair, drest in a purple robe, with a golden diadem, which had 
been decreed him, surrounded by the whole senate and people, ibid, 
Antony attempted repeatedly to put the crown on his head, address- 
ing him by the title of King, and declaring that what he said and did 
was at the desire of his fellow-citizens, Dio. xlv. 31. & 41. xlvi. 5. 
But Csesar perceiving the strongest marks of aversion in the people, 
rejected it, saying, that Jupiter alone was king of Rome, and there- 
fore sent the crown to the Capitol, as a present to that god, Suet, 
Cccs. 79. Cic. Phil. iii. 5. V. 14. xiii, 8. 15. 19. Dio. xh\. 19. Veil. 
ii. 56. Plutarch. Cces. p. 736. Anton, p. 921. Appian. J5. C. ii. p. 
496. It is remarkable that none of the succeeding emperors, in the 
plenitude of their power, ever ventured to assume the name of King. 

As the Luperci were the most ancient order of priests, said to have 
been first instituted by Evander, Ovid. Fast. ii. 279. Liv. i. 5 ; so 
they continued the longest, not being abolished till the time of Anas- 
tasius, who died A. D. 518. 

IV. POTITII and PINARII, the priests of Hercules, instituted 
by Evander, Lvu. i. 7. Virg. Mn. viii. 270. when he built an altar 
to Hercules, called Maxima, after that hero had slain Cacus, Liv, i. 
7. said to have been instructed in the sacred rites by Hercules him- 
self, Cic. Dom. 53. S^rv. in Virg. Mn. viii. 269. being then two of 
the most illustrious families in that place. The Pinarii happening 
to come too late to the sacrifice, after the entrails were eaten up, 
(extis adesis,) were by the appointment of Hercules never after per- 
mitted to taste the entrails, ibid. ^^ Dignys. i, 40. So that they only 
acted as assistants, in performing the sacred rites ; (Ef dornus Her- 
culei custos Pinaria sacri, Virg. ibid.) The Potilii, being taught by 
Evander, continued to preside at the sacrifices of Hercules, for ma- 
ny ages; (Antistites sacri ejus fuerunt, I Av.ihid. Primusrjue Potitius 
aucior, Virg. ibid.) till by the authority or advice of Appius Claudi- 
us, the censor, having delegated their ministry to public slaves, their 
whole race, {genus omne,\. Gens, Politiorum,) consisting of 12/«- 
mili(z, became extinct, within a year ; and some time after Appius 
lost his sight ; a warning, says Livy, against making innovations in 



MINISTERS OF RELIGION. 267 

yeligion, (jquod dimovendis statu suo sacris reli^ioncni facere posset,) 
ix. 29. 

V. GALIJ, the priests of Cybtle the mother of the gods, so called 
from Gallus, a river in Phrygia, which was supposed to make those 
who drank of it mad, so that they castrated themselves, Ffstus ; as 
the priests of Cybele did, Herodian. 1. II. Ovid. Fast. iv. 361. {ge- 
nitalia sibi abscindebant cultris lapideis vel Smnid testti, with knives 
of stone or Samian brick,) Juvenal, ii. 116. vi. 513. Mariial. iii. 81. 
3. Plin, xi. 49. s. 109. xxxv. 12. s. 46. in imitation of Atijs, -yis, At- 
iis, 'idis, V. Attin, -ini.<f, Ovid. Fast. iv. 223. &c. Met. x. 104. Ar- 
nob. called also Curetes, Lucret. ii. 629. Cokybantes, Horat. 
Od, i. 16. 8. their chief Archigallus, Serv. in J^irg. ix. 116. Plir, 
xxxv. 10. s. 36. all of Phrygian extraction, Dionys. ii. 19. w^ho used 
to carry round the image of Cybele, with the gestures of mad people, 
rolling their heads, beatmg their breasts to tlie sound of their flute, 
{tibi(R Berecyjiihice, v. buxi,) making a great noise with drums and 
cymbals, Horat. Od. i. 16. 7. Virg. A^n. ix. 619. Sometimes also 
cutting their arms, and uttering dreadful predictions, Lucan. i. 565. 
Seme. Med. 804. During the festival called Hilaria, at the vernal 
equinox, (viii. Kal. April,) Macrob. Sat. i. 21. they washed with 
certain solemnities the image of Cybele, her chariot, her lions, and 
all her sacred things, in the Tiber, at the conflux of the Almo, Ovid. 
Fast. iv. 337. They annually went round the villages, asking alms, 
{stipem emendicantes,) ibid. 350. Pont, i. 1. 40. Dionys. ii. 19. which 
all other priests were prohibited to do, Cic. Ivgg. ii. 9. 16. All the 
circumstances relating to Cybtle and her sacred rites are poetically 
detailed by Ovid, Fast. iv. iSl. 373. 

The rites of Cybele were disgraced by great indecency of ex- 
pression, Juvenal, ii, 110. Augustin. de Civ. Dei, ii. 14. 

VIRGINES VESTALES, (n«^.^svc. 'E^aidsc,) Virgins consecrated 
to the worship of Vesta, a priesthood derived from Alba, Liv. i. 20: 
for Rhea Sylvia, the mother of Romulus, was a Vestal, ibid. 3. ori- 
ginally from Troy, f^irg. APm. ii. 296. first instituted at Rome by 
Noma, Liv. ibid, four in number, Dionys. ii. 64. & 65 ; two were 
added by Tarquinius Priscus, Id. iii. 67. or by Servius TuUius, Plu- 
tarch, in Mima, which continued to be the number ever after, Dio- 
nys. ibid. Festus in SEX. 

The Vestal Virgins were chosen first by the kings, Dionys. ibid. 
and after their expulsion, by the Pontifex Maximus ,- who, according 
to the Papian law, when a vacancy was to be supplied, selected 
from among the people, tw^enty girls above six, and below sixteen 
years of age, free from any bodily defect, (which was a requisite 
in all priests, Sacerdos integer sit, Senec. controv. iv. 2. Plu- 
tarch. Q. Rom. 72.) whose father and mother were both alive, and 
free-born citizens. It was determined by lot in an assembly of the 
people, which of these twenty should be appointed. Then the Pon- 
tifex M went and took her on whom the lot fell, from her parents, 
as a captive in war {manu prehenfam a parente veluti bcllo captam 
abducefjant,) addressing her thus, Te, Amata, capio ; that being, ac- 
cording to A. Gellius, the name of the first who was chosen a Vestal : 



268 ROMAN ANTIQUITIES. 

Hence Capere, Firgincm Vesialem, to choose ; which ^'ord was also 
applied to the Flamcn Dialis, to the Pontijices and augurs, Ge/L i. 
12. But afterwards this mode of casting lots was not necessary. 
The Ponli^ex j\L might choose any one he thought proper, with the 
consent of her parents, and the requisite qualifications, {mjus ratio 
haberi posset,) ibid. Tacit. Ann. ii. 86. If none offered voluntarily, 
the method of casting lots was used, Suet. Aug. 31. 

The Vestal Virgins were bound to their ministry for thirty years. 
For the first ten years they learned the sacred rites ; for the next 
ten, they performed them ; and for the last ten, taught the younger 
virgins, Senec. de vit. beat. 29. D'lonys. ii. 67. They were all said, 
prwsidere sacris. Tacit. Ann. ii. 86. ut assidu(e temp/i Antistites, 
V. -i!(e, Liv. i. 20. The oldest [Vestalium ue/w^/Zs^zwcc, Tacit. Ann. 
xi. 32. was called Maxima, Suet. Jul. 83. r\ zi^sa^svovda, Dio. liv. 24. 
After thirty years' service they might leave the temple and marry ; 
which, however, was seldom done, and always reckoned ominous, 
Dionys. ii. 67. 

The office of the Vestal Virgins was, — I. to keep the sacred fire 
always burning, i^/or. i. 2. Custodiunto ionem foci puhlici sem- 
piTERNUM, Cic. legg. ii. 8. whence ,Mtermi^que Vcfttce oblitus, Horat, 
Od. iii. 5. 11. watching it in the night-time alternately, Liv. xxviii. 
31 ; and whoever allowed it to go out was scourged, (Jlagris cade- 
hatur) by the Ponlifex J\L Valer. Max. i. I. 6. Dionys. ii. 67. (nvda 
gmdem, sed obscuro loco et velo medio inte.rpositu,) Plutarch. Num. jO. 
67. or by his order, Liv. xxviii. 11. This accident was always es- 
teemed unlucky, and expiated by offering extraordinary sacrifices 
(hostiis majoribm procurari,) ibid. The fire was lighted up again, 
not from another fire, but from the rays of the sun, Plutarch, ibid. 
in which manner it was renewed every year on the ist of March ; 
that day being anciently the beginning of the year, Macrob. Sat. u 
12. Ovid. Fast. iii. 143.— — 2. to keep the secret pledge of the em- 
pire, Liv. xxvi. 27. v. 52. supposed to have been the Palladium, 
Lucan. ix. 994. or the Penates of the Roman people. Tacit. Ann, 
XV. 41. Dionys. ii. ^Q. called by Dio Ta Is^a : kept in the innermost 
recess of the temple, visible only to the virgins, or rather to the Fes- 
talis Maxima alone ; Lucan. ibid. & i. 598. Herodian. i. 14. some- 
times removed from the temple of Vesta by the virgins, when tu- 
mult and slaughter prevailed in the city, Dio. xlii. 31 ; or in case of 
fire ; lib. 24. It was rescued by Metellus the Ponlifex J\'I. when the 
temple was in flames, A. U. 512. Liv. Ep. xix. Dionys. ii. 66. Ovid. 
Fast. vi. 437. &c. at the hazard of his life, and with the loss of his 
sight, Plin. vii. 43. and consequently his priesthood, Senec. contr. 
iv. 2 : for which a statue was erected to him in the Capitol, Dionys. 

ii. 66. and other honours conferred on him, see p. 25. And 3. 

to perform constantly the sacred rites of the goddess, S^ytec. deprov. 
5. Their prayers and vows were always thought to have great in- 
fluence with the gods, Cic. Font. 17. \Dio. xlviii. 19. Horcit. Od. i. 
2. 28. In their devotions, they worshipped the god Fasclnus, to 
guard them from envy, Plin. xxviii. 4. s. 7. 
The Vestal Virgins wore a long wliite robe, bordered with purple : 



MINISTERS OF RELIGION. 269 

their heads were decorated with fillets, {infula, ^f|jfja<ra, Dionys, ii. 
67. viii. 89.) and ribands, {viHa:,) Ovid. Fast. iii. 30. hence the 
Vestdlis jMnxuhu'is called VhtaT:., sa( .muh?s, L»/ra«. i. 597. and 
simply ViiiMiA, Juvenal, iv. 10. lh{;ir headdress, si;khbuium, 
Festus/\s described by Prudentius, ronha Syinmach. ii. 1093. When 
first chosen, their hair was cut off, and buried under an old lotos or 
lote-tree in the city, Plin. xvi. 44. s, 8.5. but it was afterwards al- 
lowed to grow. 

The Vestal V^irgins enjoyed singular honours and privileges. The 
praetors and consuls when they nnet them in the street, lowered their 
fasirs, and went out of the way to show them respect, Sen. contr, vi. 
8. They had a lictor to attend them in public, at least after the time 
of the triumvirate. Die. xlvii. 19. Senec. contr, i. 2. Plutarch says 
always, in Numn. They rode in a chariot, {carpento, v. pilentOy) 
Tacit. Annal. xii. 42. sat in a distinguished place at the spectacles, 
Id. iv. 16. Suet. Aug. 44. were not forced to swear, Ge.ll. x. 15. un- 
less they inclined. Tacit, Annal. ii. 34. and by none other but Ves- 
ta, Senec ibid. They might make their testament, although under 
age : for they were not subject to the power of a parent or guardian, 
as other women, Gell. ibid. They could free a criminal from pun- 
ishment, if they met him accidentally, Plutarch, in Numa ; and their 
interposition was always greatly respected, Cic. Font. 17. Agr. ii. 
36. Tacit. Annal. xi. 32. Saet. 'Jul. 1. Tib. 2. Vit. 16. Tacit. Hist. 
iii. 81. They had a salary from the public, Liv. i. 20. Suet. Aug. 
31. They were held in such veneration, that testaments and the 
most important deeds were committed to their care. Suet. Jul. 83. 
Aug. 102. Tacit. Annal. i. 8. Dio. xlviii. 12. 37. 46. Tacit. Annal. iv. 
16. and they enjoyed all the privileges of matrons who had three 
children, Dio. Ivi. 10. 

When the Vestal Virgins were forced through indisposition to 
leave the Atrium Vb:si\s:, probably a house adjoining to the temple, 
and to the palace of Numa, R^gta parva Num^. ; if not a part of it, 
Ovid. Trist. iii. 1. 30. Fast. vi. 263. where the virgins lived, they 
were intrusted to the care of some venerable matron, Plin. Ep. vii. 19. 

If any Vestal violated her vow of chastity, after being tried and 
sentenced by the Poniifces, she was buried alive with funeral solem- 
nities, in a place called the cami'us sceleratus, near the Porta Co- 
Una, and her paramour scourged to death in the P^orum ; which 
method of punishment is said to have been first contrived by Tar- 
quinius Priscus, Dionys. iii. 67. The commission of this crime was 
thought to forebode some dreadful calamity to the state, and there- 
fore was always expiated by extraordinary sacrifices, Liv. viii. 15. 
xiv. xxii. .57. Ixiii. Dionys. \. 78. ii. 67. viii. 89. ix. 40. Dio. fragm, 
91. 92. Plutarch : Q. Rom. 83. Ascon. in Mil. 12. Suet. Dom. 8. 
Plin. Ep. \v. 11. Juvenal. W. 10. The suspected virtue of some 
virgins is said to have been miraculously cleared, Valer. Max. viii. 
1. 5. Liv. xxix. 14. Plin. vii. 35. 

These were the principal divisions of the Roman priests. Concern- 
ing their emoluments, the classics leave us very much in the dark j aa 



270 ROMAN ANTIQUITIES. 

they also do with respect to those of the magistrates. When Ro- 
mulus first divided the Roman territory, he set apart what was suffi- 
cient for the performance of the sacred rights, and for the support 
of lempies, Dionys. ii. 7. 80 Livy informs us, that Numa, who in- 
stituted the greatest number of priests and sacrifices, provided a 
fund for defraying these expenses, (unde in eos sumptus pecuniiB ero' 
gantur,) i. 20. but appointed a public stipend (siipcndiimi de publico 
stahiit,) to none but the Vestal Virgins, ibid. Dionysius, speaking 
of Ilomuhis, says, that while other nations were negligent about the 
choice of their priests, some exposing that office to sale, and others 
determining it by lot ; Romulus made a law that two men, above 
fifty, of distinguished rank and virtue, without bodily defect, and 
possessed of a competent fortune, should be chosen from each curia, 
to officiate as priests in that curia or parish for life ; being exempt- 
ed by age from military service, and by law from the troublesome 
business of the city, ii. 21. There is no mention of any annual sa- 
lary. In after ages the priests claimed an immunity from taxes, 
which the Ponlijlces and augurs for several years did not pay. At 
last, however, the quaestors, wanting money for public exigencies, 
forced them, after appealing in vain to the tribunes, to pay up their 
arrears, {annnrum, pe.r quos non dederani^ stipendium exactum est,) 
Liv. xxxiii. 42. s. 44. Augustus increased both the dignity and emo- 
luments (commoda) of the priests ; particularly of the Vestal Vir- 
gins, Suet. Aug. 31. as he likewise first fixed the salaries of the pro- 
vincial magistrates ; Din. Hi. 23. 25. liii. 15. whence we read of a 
sum of money (salarium) being given to those who were disap- 
pointed of a province. Id. 78. 22. xliii. 4. Ixxviii. 22. Tacit. Agric, 
42. But we read of no fixed salary for the priests ; as for the teach- 
ers of the liberal arts, Suet. Vesp. 18. Digest, and for others. Suet, Tib. 
46. JVer. 10. When Theodosius the Great abolished the heathen wor- 
ship at Rome, Zosimus mentions only his refusing to grant the public 
money for sacrifices, and expelling the priests of both sexes from the 
temples, v. 38. It is certain, however, that sufficient provision was 
made, in whatever manner, for the maintenance of those who devoted 
themselves wholly to sacred functions. Honour, perhaps, was the chief 
reward of the dignified priests, who attended only occasionally, and 
whose rank and fortune raised them above desiring any pecuniary 
gratification. There is a passage in the life of Aurelian by Vopis- 
cus, c. 15. which some apply to this subject ; although it seems to 
be restricted to the priests of a particular temple : Pnntifices robor- 
axit sc. Aurelianus, i. e. he endowed the chief priests with salaries; 
decrevit e.liam emolume/itn minisiris, and granted certain emoluments 
to thoir servants, the inferior priests, who take care of the temples. 
The priests are by later writers sometimes divided into three class- 
es, the antistites or chief priests, the saccrdotes or ordinary priests, 
and the mirdslri or meanest priests, whom Manilius calls auctoratos 
in tenia jura minisl.ro<f, v. 350. but they are distributed for the 
most pa: t only into twf) classes, the Pontijices or Sacerdoles^'dnd 
the MiniPtri ', as in Vopiscus; So in leg. 14. Cod. Theodos. de pa- 
gan, sacnf, el templis. 



SACRED RITES. 271 

SERVANTS of the PRIESTS. 

The priests who had children, employed them to assist in per- 
forming sacred rites: but those who had no children procuied free- 
born boys and girls to serve them, the boys to the age ot' puberty, 
and the girls till they were married. These were called Camilli 
and Cnmillce, Dionys. ii. 24. 

Those who took care of the temples were called iEorrui, or JEdi- 
iumni j Ge!l. xii. 6. those who brought the victims to the altar and 
slew them, FnvM ; Viciimar'n and Cullrorii ; to whom, in particular, 
the name of MINISTRI was properly applied, Ovid. Fast. i. 319. 
iv. 637. Met, ii. 717. Firg. G. iii. 488.* Juvenal, xii. 14- The boys 
who assisted the Flamines in sacred rites were called Flaminii ; and 
the girls, Flamini^e, Festns. There were various kinds of musi- 
cians, Tibicines, TuLicines, Fidivines, &lc. Liv. ix. 30. 

III. The PLACES and RITES of SACRED THIjVGS. 

The places dedicated to the worship of the gods were called tem- 
ples, Tkmpla, {fana, delubra. sacrnria, (Bdes sacrce,) and consecrated 
by the augurs: hence cnWed Augusta. A temple built *by Agrippa 
in the time of Augustus, and dedicated to all the gods, was called 
Pan^Aeon, Dio. liii.'27. 

A small temple or chapel was called Sacdlum or JEdic^da. A 
wood or thicket of trees consecrated to religious worship, was call- 
ed Lucus,a grove, Plin. xii. 0. Plant. Amph. v. 1.42. The gods 
were supposed to frequent woods and fountains ; hence Esse locis 
superos testatur siva, Lucan. ix. 522. 

The worship of the gods consisted chiefly in prayers, vows, and 
sacrifices. 

No act of religious worship was performed without prayer. The 
words used were thought of the greatest importance, and varied 
according to the nature of the sacrifice, Faler. jyjax. i. 1. Hence 
the supposed force of charms and incantations, (verba ft incanta- 
inenta carminnm.) Plin. xxviii. 2. Horat. Ep. i. 1. 34. When in 
doubt about the name of any god, lest they should mistake, they 
used to saj^ Quisquis es, Plant. Rnd. i. 4. 37. Virg. M.n. iv. 577. 
Whatever occurred to a person in doubt what to say, was supposed 
to be suggested by some divinity, Plant. Most. iii. 1. 137. Apulei, 
de deo Socratis. In the day- time, the gods w^ere thought to remain 
for the mo?t part in heaven, but to go up and down the earth during 
the night, to observe the actions of men, Plant. Rud. Prol. 8. The 
stars were supposed to do the contrary, ibid. 

Those who prayed stood usually with their heads covered, {ca- 
pile velato vel operto,) looking towards the east ; a priest pronounced 
the words before them, {verba prceibat ;) they frequently touched the 
altars or the knees of the images of the gods ; turning tiiemselves 
round in a circle, {ingyrum se convertebant,) Liv. v. 21. towards the 
right, Plant. Cure. i. 1. 70. sometimes put their right hand to their 
mouth, (dextram ori admovebant ; whence adoratio,) and also pros- 
trated themselves on the ground, {procumbebani aris advoluti,) 



272 ROMAN ANTIQUITIES. 

The ancient Ronians used with the same solemnity to ofter up 
vows, (VOVERE, votafacere^ siiscipere.^ concipere^ nuncupare, &c.) 
They vowed temples, games, thence called Ludi votivi, sacrifices, 
gifts, a certain part of the plunder of a city, &lc. Also what was call- 
ed VER SACRUM, that is, all the cattle which were produced from 
the first of March to the end of April, Liv. xxii. 9. 10. xxxiv. 44. In 
this vow among the Samnites, men were included, Festus in Ma- 

MERTINl. 

Sometimes they used to write their vows on paper or waxen ta- 
blets, to seal them up, {obsignare,) and fasten them with wax to the 
knees of the images of the gods; that being supposed to be the seat 
of mercy ; Hence Genua inctrare deorum, Juvenal, x. 55. 

When the things for which they offered up vows were granted, the 
vows were said vaiere, esse rata, 6lc. but if not, cadere esse irrita, &c. 

The person who made vows was said, esse voii reus ; and w hen he 
obtained his wish, {voti compos, voti damnalvs, bound to make good 
his vow, till he performed it, Macrob, Sat. iii. 2. vel rolo, Virg. Eel. 
V. 80. Hence damnabis tu qnoque voiis, i. e. oblignhis ad vota sol- 
venda, shall. bind men to perform their vows by granting what they 
prayed for, Virg, ibid, reddere vel solvere vota, to perform. Pars 
prcedcB debita, lAv. debiti vel meriti -honor es, merit a dona, &c. A 
vowed feast {cpulum votivum) was called Polluctum. Plant. Rud, 
V. 3. 63. from pollucere, to consecrate, Id. Stick, i. 3. 80. hence 
pollucibiliter cmnare, to feast sumptuously. Id. Most. i. I. 23. Those 
who implored the aid of the gods, used to lie (incvbare) in their 
temples, as if to receive from them responses in their sleep, Serv. 
in Virg. vii. 88. Cic. divin. i. 43. The sick in particular did so in 
the temple of ^Esculapius, Plant. Cure. i. J. 61. ii. 2. 10. &c. 

Those saved from shipwreck used to hang up their clothes in the 
temple of Neptune, with a picture {tabula votiva) representing the 
circumstances of their danger and escape, Virg. xii. 768. Horat. 
Od.\. 5. Cic. Xat. D. iii. 37. So soldiers, when discharged, used 
to suspend their arms to Mars, gladiators their swords to Hercules, 
Horat. Ep. i. 1. 4. and poets, when they finished a work, the fillets 
of their hair to Apollo, Stat. St/Iv. iv. 4. 92. A person who had suf- 
fered shipwreck used sometimes to support himself by begging, and 
for the sake of moving compassion, to show a picture of his misfor- 
tunes, Juvenal, xiv. 301. Phcedr. iv. 21. 24. 

Augustus, having lost a number of his ships in a stoim^expressed 
his resentment against Neptune, by ordering that his image should 
not be carried in procession, with those of the other gods, at the 
next solemnity of the Circensian games, Suet. Aug. 16. 

Thanksgivings {gratiarum actiones) used always to be made to the 
gods for benefits received, and upon all fortunate events. It was, 
however, believed that the gods, after remarkable success, used to 
send on men, by the agency of Nemesis, {\J ltrix fa cinoi'um impi- 
orum, bononimque pr^miatrix, Marcellin. xiv. 11.) a reverse of 
fortune, Liv. xiv. 41. To avoid which, as it is thought, Augustus, 
in consei^uence of a dream, every year, on a certain day, begged an 
alms of the people, holding out his hand to such as offered him, {ca- 



SACRED RITES. 273 

vnm manum asses porn'gentibns prcuhens,) Suet. Aug. 91. Dio, liv. 
35. 

When a general had obtained a signal victory, a thanksgiving 
(SUPPLICATIO vel suppluiutn) was decreed by the senate to be 
made in all the temples ; Liv, iii. 63. and what was called a LECTIS- 
TERNIUM, when couches were spread {Iccii -vd pulvinaria .^ternc- 
bantur,) for the gods, as if about to feast ; and their images taken down 
from their pedestals, and placed upon these couches around the altars, 
which were loaded with the richest dishes. Hence, Ad omnin puivina- 
ria sacrijicatum, Liv. xxii. 1. sypplicatio decreia est, Cic. Cat. iii. 10. 
This honour was decreed to Cicero for having suppressed the con- 
spiracy of Catiline, which he often boasts had never been conferred 
on any other person, without laying aside his robe of peace, (fo^atus,) 
Dio. xxxvii. 36. Cic. Pis. 3. Cat. iii. 6. & iO. The author of the de- 
cree was L. Cotta, Cic. Phi/, ii. 6. xiv. 8. A supplication was also 
decreed in times of danger, or public distress ; when the women 
prostrating themselves on the ground, sometiuies swept the temples 
with their hair, Liv. iii. 7. The Leriisti-ntium was first introduced 
in the time of a pestilence, A. U. 356. Liv. v. 13. 

It was requisite that those who offered sacrifices should come 
chaste and pure ; that they should bathe themselves ; be dressed in 
white robes, and crowned with the leaves of that tree, which was 
thought most acceptable to the god whom they worshipped. Some- 
times also they put on the garb of suppliants, with dishevelled hair, 
loose robes, and barefooted. Vows and prayers were always made 
before the sacrifice. 

It was necessary that the animals to be sacrificed {hosiice vel vie- 
timce, Ovid. Fast. i. 335.) should be w^ithout spot and blemish, (de- 
coroB et integrm vel intactce, never yoked in the plough,) ibid. i. 83. 
and therefore they were chosen from a liock or herd, approved by 
the priests, and marked with chalk, Juvenal, x. 66. whence they 
were called, egregiw eximicB, lectce. They were adorned with fillets 
and ribbands, {injfulis et vittis,) Liv. ii. 54. and crowns ; and their 
horns were gilt. 

The victim was led to the altar by the Popes, with their clothes 
tucked up and naked to the waist, (qui succincli erant et ad ilia nudi. 
Suet. Calig. 32.) the animal was led by a slack rope, that it might 
not seem to be brought by force, which was reckoned a bad omen. 
For the same reason it was allowed to stand loose before the altar ; 
and it was a very bad omen if it fled away. 

Then after silence was ordered. Civ. divin. i. 45. (See p. 154. a 
salted cake, mala salsa, vel fruges salsce, Virg. JEn. ii. 133. Far et 
mica salis, Ovid. & Horat. i. e. Far tostum, commimdum, et sale mis- 
turn, bran or meal mixed with salt,) was sprinkled {inspergebalnr) on 
the head of the beast, and frankincense and wine poured between 
its horns, the priest having first tasted the wine himself and given it 
to be tasted by those that stood next him, which was called LIBA- 
TIO, Serv. in Virg. JEn. iv. 57, &c. and thus the victim was said 
isse macta, i. e. 7nagis aucta : Hence immolare et mactare, to sacri- 

35 



274 ROMAN ANTIQUITIES. 

fice ; for the Romans carefully avoided words of a bad omen, fjs 
ciBchre^jiigulnre, &c. The priest plucked the highest hairs between 
the horns, and threw them into the fire ; which was called Libamina 
puiMA, Virfr. JEn. vi. 246. 

The victim was struck l)y the cultrarins^ with an axe or a mall, 
{malle.o,) Suet» Calig. 32 by the order of the priest, whom he asked 
thus, AuoNE? Olid. Fast. i. 323. and the priest answered, Hoc 
AGE ; Suet. Calig. 58. Then it was stabbed (jugulabatur) with 
knives ; and the blood being caught (exceptus) in goblets, was pour- 
ed on the altar. It was then flayed and dissected. Sometimes it 
was all-burnt, and called Hol.kjaustum, {ex i\og tolus^ et xaiu uro,) 
Virg. vi. 25. but usually only a part ; what remained was di- 
vided between the priest and the person who offered the sacrifice 
{qui sacra v, sacrijicium facikbat, v. sacris operabatur, Virsr. G. 
1. 393. Tacit. Annal. ii. 14.) The person who cut up the animal, 
and divided it into different parts, was said prosecare exia^ Liv. v. 
21. Plaut. Poen. ii. 1. 8. and the entrails thus divided were called 
PnosiciiE or Prdsecta, Ovid. Fast. vi. 163. These rites were 
common to the Romans with the Greeks ; whence Dionysius con- 
cludes the Romans were of Greek extraction, vii. 72. 

Then the aruspices inspected the entrails, {exta consulehant^) Virg". 
iv. 64. And if the signs were favourable {si exta bona essent^) 
they were said to have offered up an acceptable sacrifice, or to have 
pacified the gods, {diis lildsse ;) if not, (si exta rion bona vel prava et 
tristia essent,) another victim was offered up, {sacrijicium instaura- 
hatur, vel victima succedauea mactabatur,) and sometimes several, 
Cic. de divin. ii. 36. 38. Suet. dzs. 81. Liv. xxv. 16. Serv. in Virg, 
iv. 50. V. 94. 

The liver was the part chiefly inspected, and supposed to give the 
most certain presages of futurity ; hence termed CAPUT EXTO- 
RUM, Plin. xi. 37. s. 73. It was divided into two parts, called 
pars FAftiiLiARis, and pars hostiljs vel inimici. From the former, 
they conjectured what was to happen to themselves ; and from the 
latter, what was to happen to an enemy. Each of these parts had 
what was called CAPUT, Liv. viii. 9. Cic. divin. ii. 12. Lucan. i. 
621. which seems to have been a protuberance at the entrance of 
the blood-vessels and nerves, which the ancients distinguished by 
the name of fibres ; thus, In ima fibra^ Suet. Aug. 95. Ecce videi 
capiti jibrarum increscere molem Alterius capitis, Lucan. i. 627. En 
capita paribus bina consurgunt toris, Senec. QEdip 356. Caput jeci" 
noris duplex, Valer. Max. i. 6. 9. i. e. tw^o lobes, one on each side 
of the fissure or cavity, commonly called Porta, v. -t(z, Cic. Nat. D. 
ii. 55. which Livy calls auctum injecinore, xxvii. 26. s. 28. A liver 
without this protuberance, {jecur sine capite,) or cut oft' {caput jeci" 
noris coesum,) was reckoned a very bad omen ; (nihil tristius,) Cic. 
divin. i. 52. ii. 13. & 16. Liv. viii. 9. or when the heart of the vic- 
tim could not be found ; for although it was known that an animal 
could not live without the heart, Cic. divin. ii. 16. yet it was believ- 
ed sometimes to be wanting ; as happened to Caesar, a little before 
his death, while he was sacrificing, on that day on which he first 



SACRED RITES. 275 

appeared in his golden chair and purple robe, ibid, i. 52. Valer, 
Max, i. 6. 13. whereupon the Haruspex Spurinna warned him to 
beware of the ides of March, 26iV/. et Suet. Jul. 81. The principal 
fissure or division of the liver, (Jissumjecoris familiare et vitule,) 
was likewise particularly attended to, Civ. Kat. D. iii. 6. Divin, \, 
10. ii. 13. 14. as also its fibres or parts, and those of the lungs, ibid, 
^ Virg. G, i. 484. jEn. iv. 6. x. 176. 

After the Hamspices had inspected the entrails, the parts which 
fell to the gods, were sprinkled with meal, wine, and frankincense, 
and burnt (adolebanlur vel cremabantur) on the altar. The entrails 
were said, Diis dari, reddi, et porrici, (qyasi porngi, vel porro jaci,) 
when they were placed on the altars, (nrni aris \e\flammis irnpone- 
rentur,) Virg. JEiu vi. 252. xii. 214. or when, in sacrificing to the 
Dii Marini, they were thrown into the sea, ibid. v. 774. Hence, if 
any thing unluckily fell out to prevent a person from doing what he 
had resolved on, or the like, it was said to happen inter ccesa (sc. 
exta) et porrecla^ between the time of killing the victim and burning 
the entrails, i. e. between the time of forming the resolution and ex- 
ecuting it, Cic, Att. v. 16.* 

When the sacrifice was finished, the priest, having washed his 
hands and uttered certain prayers, again made a libation, and then 
the people were dismissed in a set form of words ; Ilick r, or ire licet. 

After the sacrifice followed a feast, {EpuliB sacrijicaleif,) which in 
public sacrifices, was sumptuously prepared by the Septetriviri Epu- 
lones. In private sacrifices, the persons who ofiered them, feast- 
ed on the parts which fell to them, with their friends ; socra iidere 
suam (partem) ; pars est data cetera mensis, Ov. Met. 12. 154. 

On certain solemn occasions, especially at funerals, a distribu- 
tion of raw flesh used to be made to the people, called VisctRA i lo, 
Liv, viii. 22. xxxix. 56. xli. 28. Cic. Off. ii. 16. Suet. C(es. 38. 
For viscera signifies not only the intestines, but whatever is un- 
der the hide: particularly the flesh between the bones and the skin, 
Serv, in Virg, JEn. i. 21 L iii. 622. vi. 2.53. Suet. Vilell. 13. 

The sacrifices offered to the celestial gods, differed from those of- 
fered to the infernal deities in several particulars. 

The victims sacrificed to the former were white, brought chiefly 
from the river Clitumnus,t Juvenal, xii. 13. Virg. Georg. ii. 146. in 
the country of the Falisci, Ovid. Punt. iv. 8. 41. their neck was bent 
upwards, (sursum rejiectebainr,) the knife was applied from above^ 
(imponebatur,) and the blood was sprinkled on the altar, or caught 
in cups : The victims offered to the infernal gods were black ; tliey 
were killed with their faces bent downwards (proncB) ; the knife was 
applied from below, [supponebalur,) and the blood was poured into 
a ditch. 

Those who sacrificed to the celestial gods, were clothed in white, 
bathed the whole body, made libations by heaving the liquor out of 

* Tlip proverb, analogous to this in English, is expressed thus: beliicen tlie cap 
^vdthe lij). — Ed. 

t 1' appenrs, from Mrs. Piozzi's trave's, that the catile and even birds on this river 
•are siiti ichiie. Clilumnus is a river in Uoibria. 



276 ROMAN ANTIQUITIES. 

the cup, (fundendo manu supina,) and prayed with the palms of their 
hands raised to heaven : Those who sacrificed to the infernal gods 
were clothed in black ; only sprinkled their body with water, made 
libations by turning the hand, (invkrgexdo, itu nt manu in sinis' 
tram partem versa patera convcrteretur,) and threw the cup into the 
fire ; Se.rv. in Virg. Mn. vi. 244. prayed with their palms turned 
downwards, and striking the ground with their feet, Cic. Tusc. Q, 
ii. 25. 

Sacrifices were of different kinds; some were stated (stata et so- 
lemnia), others occasional, (fortnita et ex accideriti nata,) as, those 
called expiatory/, for averting bad omens, {ad portenta vel prodigia 
procuranda, expianda et avertenda vel averruncanda^) making atone- 
ment for a crime, (Sacrificia piacularia, ad crimen expiandum,) 
and the like. 

Human sacrifices were also ofl[ered among the Romans. — By an 
ancient law of Romulus, which Dionysius calls, vofji-og cr^o^otfja^, Lex 
proditionis, ii. 10. persons guilty of certain crimes, as treachery or 
sedition, were devoted to Pluto and the infernal gods, and therefore 
any one might slay them with impunity. In after times, a consul, 
dictator, or prajtor, might devote not only himself, but any one of 
the legion, (ex legione Romana, called Script a, because perhaps 
the soldiers not included in the iegion, the Velites, Subitarii, 
Tumidliiarii, &c. were excepted,) and slay him ns an expiatory vic- 
tim, ( piacnlum, i. e. in piaculum, hosiiam coidere,) Liv. viii. 10.* In 
the first ages of the republic human sacrifices seem to have been of- 
fered annually, Macroh. Sat. i. 7. and it was not till the year of the 
city 657, that a decree of the senate was made to prohibit it ; ne ho- 
mo immoiareiitr, Plin. xxx. i. s. 3. Mankind, says Pliny, are under 
inexpressible obligations to the Romans for abolishing so horrid a 
practice, (7^?' suslulere monstra, in quibus hominem acridere religio 
sisi-imum erat, mandi vero ftiam mluberrimum.) Ibid. We read how- 
ever of two men who were slain as victims with the usual solemni- 
ties in the Campus Martins by the Poniifices and Flamen of Mars, as 
late as the time of Julius Caesar, A. U. 708. Dio. xliii. 24. Whence 
it is supposed that the decree of the senate mentioned by Pliny re- 
spected only private and magical sacred rites, as those alluded to, 
Horat. Epod. 5. Augustus, after he had compelled L. Antonius to 
a surrender at Perusia, ordered 400 senators and equites, who had 
sided with Antony, to be sacrificed as victims at the altar of Julius 
Caesar, on the ides of March, A. U. 713. Dio. xlviii. 14. Suetonius 
makes them only 300, Aug. 15. To this savage action Seneca 
alludes, de Clem. i. 1 1. In like mannner, Sex. Pompeius threw into 
the sea not only horses, but also men alive, as victims to Neptune, 
Dio. xlviii. 48. Boys used to be cruelly put to death, even in the 
time of Cicero and Horace for magical purposes, Cic. Vat. 14. Ho- 
rat. Epod. 6. 

A place reared for offering sacrifices was called Ara or Altare, 

* TI1H Christian religion, wheresoever disseminated, has brought the practice of 
human sauiifices into utter detestation. The one sacrifice upon ibe Cro«# has abo- 
lished the rile in all lu forms, and that forever. 



SACRED RITES. 277 

an altar: Altaria (ab altitudine) tantvm (His snperis consecahan- 
tur ; ARiE et diis supe.ris rt z/j/em, Serv. in Virg. Eel. v. 66 ^En. 
ii. 515. In the phrase, Pro aris et focis, ara is put for the altar in 
the impluviwn or middle of the house, where the Penates were wor- 
shipped ; and focus, for the hearth in the atnum or hall, where the 
Lares were worshipped, Cic. Dora, 40. 41. Dejot. 3. Sext, 42. Phil, 
ii. 30. Satlitsf, Cat. 52. A secret place in the temple, where none 
but the priests entered, was called adytum, Cms. B. C. iii. 105. uni- 
versally revered, Pausan. x. 32. 

Altars used to be covered with leaves and grass, called verbena, 
7. e. herba sacra, Serv. Virpr. JEn. xii. 120. Eel. viii. 65. Donat. Ter. 
iv. 4. 5. Horat. Od. iv. II. 7. adorned with flowers, Ovid. Trist. iii. 
13. 15. Stat. Theh. 8. 298. Sil. 16. 309. and bound with woollen fil- 
lets, Prop. iv. 6. 6. Virg. JEn. iv. 459. therefore called nexa torques, 
i. e. caronce^ Id. G. iv. 276. 

* Altars and temples afforded an ^^sylum or place of refuge among 
the Greeks and Romans, JSfep. Pans. 4. Cic. Nat. D. iii. 10. Q. Rose. 
2. Ovid. Trist. v. 2. 43. as among the Jews, 1 Kings, i. 50. chiefly 
to slaves from the cruelty of their master, Terent. Heaut, v. 2. 22. 
Plant. Rud. iii. 4. 18. Most. v. i. 45. to insolvent debtors and crimi- 
nals, Tacit. Annal. iii. 60. where it was reckoned impious to touch 
them, Cic. Tusc. i. 35. Virg. JEn. i. 349. ii. 513. 550. and whence 
it was unlawful to drag them, Cic. Dam. 41. but sometimes they put 
fire and combustible mate.nals around the place, that the persons 
might appear to be forced away, not by men, but by a god, (Vulcan,) 
Plant. Most. v. i. 65. or shut up the temple and unroofed it, {tectum 
sunt demoliti,) that he might perish under the open air, Kep. Pans, 
5. p. 63. hence ara is put for refugium, Ovid. Trist. iv. 5. 2. 

The Triumviri consecrated a chapel to Caesar in the forum, on 
the place where he was burnt ; and ordained that no person who 

* Not only altars and temples, but tombs, statues, and other monuments of consi- 
derable jtersoiiajies, were Aayla in aiu;ient liines. Thus the temple of Diana at 
Ep'tf'sus wMsas a refuse ff)r d(-l)iors, and the t(»mb of Theseus (or slaves. The cities 
of refuge, the tiMnple, and ihe ahar of hurrit ofFr-rings, were Asyin among the Jews. 

Tlie cities of TAe6eiand -4f/iens, as well as i?owie, were originally peopled by be- 
ing declared Asyla. 

LjmnsHnd Vuiine amonjj the ancient Gnuls were places of refuge, and some cities 
in Germany are said still to preserve the ancient ri^ht of Asylum. Hence the me- 
dals of several ancient cities, particiilarly in Syria, had the inscription aSTAOI, to 
which is added lEPAl ; which, according to Spanhtim, reftned to their temples, and 
the gods revered in them. 

In London, the / ero^p of the Court, which formerly extended twelve miles, and 
Holyrood house'iu Edinburgh, are considered as places of exemption from arrest for 
debt in certain cases to this day. 

1 he Emperors Honorius and Theodosius, having made churches Asyla, the 
bishops and monks laid hold of a certain tract or territoiy, without which they fixed 
the bonnds of the secular jurisdiction. Convents accordingly, in a sfiort time be- 
came next akin to (ortipsses ; where the most atrocious villains were in safety, and 
braved the power of the magistiate. 

These privileges were at leti^ih extended to the l)ishops' houses, whence the crimi- 
nal could not be removed without a legal assurance of life, and an entire remission 
of the crime. 

The sanctuaries were atlenglh stript of their immunities, because they only served 
as an encouragement to guilt, and are now every where almost entirely abolished. 

S&G Encycl. Brit. Blackstoiie, M*Kcnzic 



278 ROMAN ANTIQUITIES. 

fled thither for sanctuary should be taken thence to punishment ; a 
th ng which, says Dio, had been granted to no one before, not even 
to a divinity ; except the nf^ylum of Romulus, which remained only 
in name, being so blocked up, that no one could enter it, Dio, xlvii. 
19. But the shrine of Julius was not always esteemed inviolable ; 
the son of Antony was slain by Augustus, although he fled to it, Smt, 
Aug, 17. 

There were various vessels and instruments used in sacrifices ; as 
acerra vel thuribuhim, a censer for burning incense ; simpulum vel 
simpuvhim, guttum, capis, -idis, patera, cups used in libations, o//te, 
pots ; tripOdes, tripods ; secures vel bipennes, axes ; rullri vel secespi- 
t c, knives, &c. But these will be better understood by representa- 
tion than description. 

The ROMAN YEAR. 

Romulus is said to have divided the year into ten months; the 
first of which was called JMarlius, March, from Mars his supposed 
father ; Ovid. Fast. iii. 75. & 98. the second April is, either from the 
Greek name of Venus, (Aip^oc^ir/i,) Ovid. Fast. i. 39. Horat, Od. iv. 
11. or because then trees and flowers open {se aperiunt,) their buds, 
Plutarch, in Numa, Ovid. Fast. iv. 87. the third, Maius, May, from 
Maia, the mother of Mercury, or in honour of the old, (mojorum,) 
Ovid. Fast. V. 4*27 ; and the fourth, Junius, June, from the goddess 
Juno, or in honour of the young, {juniorum.) The rest was named 
from their number, Quintllis, Sextilis, September, October, J^oxem- 
her, December, ibid. i. 41. Quinti/is was afterwards called Jrdius, 
from Julius Caesar, and Sextilis Augustus, from Augustus Caesar ; be- 
cause in it he had first been made consul, and had obtained remark- 
able victories. Suet. 31. Dio. I v. 6 : in particular he had become 
master of Alexandria in Egypt, A. U. 724, and fifteen years after 
{lustro Icrtio) on the san.e day, probably the 29ih of August, had 
vanquished the Rhaeti, by means of Tiberius, Horat. Od. iv. 14, 34. 
Other emperors gave their names to particular months, but these 
were forgotten after their death. Suet. Domit. 13. Plin. Pan. 54. 

Numa added two months, called Januaritis, from Janus ; and 
Februarius, because then the people were purified (febraabatur, i. e. 
purgabatur vel lustrabatar,) by an expiatory Sdcrifice (Februalia) 
from the sins of the whole yerir ; for this anciently was the last month 
in the year, Cic. de Legg. ii. 21. Ovid. Fast. ii. 49. Tibull, iii. 1.2. 

Numa, in imitation of the Greeks, divided the year into twelve 
months, according to the course of the moon, consisting in all of 354 
days ; he added one day more, Plin. xxxiv. 7. to make the number 
odd, which was thought the more fortunate. But as 10 days, 5 
hours, 49 minutes, (or rather 48 minutes, 57 seconds,) were w^anting 
to make the lunar year correspond to ihe course of the sun, he ap- 
pointed that every other year an extraordinary month, called Men- 
sis lalercalaris, or Mercedonius, should be inserted between the 23d 
and 24th day of February, Iav- i. 19. The intercalating of this 
month was left to the discretion (arbitrio) of the Pontifices : who, by 
inserting more or fewer days, used to make the current year longer 



ROMAN YEAR. 279 

or shorter, as was most convenient for themselves or their 'riends ; 
for instance, that a magistrate might sooner or later resign his office, 
or contractors for the revenue might have longer or shorter time to 
collect the taxes, Cic. de legg. ii. 12. Fam. vii. 3. \'2. viii. 6. Alt. v. 
9. 13. vi. 1. SueA, Cizs. 40, Dio. xl. 62. Censorin. W. Macroh. Sat. 
i. 13. In consequence of this hcense, the months were transposed 
from their stated seasons ; the winter months carried back into au- 
tumn, and the autumnal into summer, Cic. Alt. x. 17. 

Julius Caesar, when he became master of the state, resolved to 
put an end to this disorder, by aboHshing the source of it, the use of 
the intercalations ; and for that purpose, A. U. 707. adjusted the 
year according to the course of the sun, and assigned to each month 
the number of days which they still contain. To make matters 
proceed regularly, from the 1st of the ensuing January, he inserted 
in the current year, besides the intercalary month of 23 days, which 
fell into it of course, two extraordinary months between November 
and December, the one of ihirly-three, and the other of thirty-four 
days; so that this year, which was called the last year o{ confusion^ 
consisted of sixteen months, or 445 days. Suet. Cces. 40. Plin. xviii. 
25. Macrob. Sat. i. 14. Cemorin. de die Nat. 20. 

All this was effected by the care and skill of Sosigmes, a cele- 
brated astronomer of Alexandria, whom Ca3sar had brought to Rome 
for that purpose ; and a new calendar was formed from his arrange- 
ment by Flavins, a scribe, digested according to the order of the 
Roman festivals, and the old manner of computing the days by ka- 
lends, nones, and ides ; which was published and authorized by the 
dictator's edict. 

This is the famous JULIAN or solar year, which continues in use 
to this day in all Christian countries, without any other variation 
than that of the old and new style ; which was occasioned by a regu- 
lation of Pope Gregory, A. D. 1582 ; who observing that the vernal 
equinox, which, at the time of the council of Nice, A. D. 32.5, had 
been onthe2lst of Maivh, then happened on the 10th, by the advice 
of astronomers, caused ten days to be entirely sunk and thrown out 
of the current year, between the 4th and 15th of October : and, to 
make the civil year for the future to agree with the real one, or with 
the annual revolution of the earth round the sun ; or, as it was then 
expressed, with, the annual motion of the sun round the ecliptic, 
which is completed in 365 days, 5 hours, 49 miauies, nearly, ordain- 
ed that every lOBth year should not be leap year ; excepting the 
400th ; so that the difference will hardly amount to a day in 7000 
years, or, according to a more accurate computation of the length 
of the year, to a day in 5200 years. 

This alteration of the style was immediately adopted in all the 
Roman Catholic countries ; but not in Britain till the year 1752, 
when eleven days were dropt between the 2d and 14th September, 
so that that month contained only nineteen days ; and thenceforth 
the new style was adopted as it had been before in the other coun- 
tries of Europe. The same year also, another alteration was made 
in England, that the legal year, which before had begun the 25th 



280 ROMAN ANTIQUITIES. 

March, should begin upon the first of January, which first took place 
1st January, 1752. 

The Romans divided their months into three parts, by Kalends, 
J^one.s, a.nd Ides. The first day was called KALENDiE vel Calm- 
die (a calando vel vocando^) from a priest calling out to the people 
that it was new moon ; the 5th day, NONyE, the nones ; the 13th, 
IDUS, the ides, from the obsolete verb iduare, to divide ; because 
the ides nearly divided the month. The nones were so called, be- 
cause, counting inclusively, they were nine days from the ides. 

In March, May, July, and October, ihe nones fell on the 7th, and 
the ides on the 15th. The first day of the intercalary month was 
called CALENDiE IiVTERCALARES, Cic. Quiftt. 25. of thc former of 
those inserted by Caesar. Kal. intkrcai.arf.s priores, Cic. Fam, 
vi. 14. — Intra septimas Calendas, in 7 months, Martial, i. 100. 6. 
Sextue kalendee, i. e. Kalendce sexti mensis, the first day of June, 
Ovid. Fast. vi. 181. 

Caesar was led to this method of regulating the year by observing 
the manner of computing time among the Egyptians ; who divided 
the year into 12 months, each consisting of 30 days, and added 5 in- 
tercalary days at the end of the year, and every fourth year 6 days, 
Herodot. ii. 4. These supernumerary days Caesar disposed of among 
those months which now consist of 31 days, and also the two days 
which he took from February ; having adjusted the year so exactly 
to the course of the sun, says Dio, that the insertion of one interca- 
lary day in 1461 years would make up the difference, Dio. xliii. 26. 
which, however, was found to he ten days less than the truth. An- 
other diflference between the Egyptian and Julian year was, that the 
former began with September, and the latter with January. 

The ancient Romans did not divide their time into weeks, as we 
do, in imitation of the Jews. The country people came to Rome 
every ninth day, (see p. 80.) whence these days were called Nun- 
DiNiE, quasi Novendin-s:, having seven intermediate days for work- 
ing, Macroh. i. 16. but there seems to have been no word to denote 
this space of time. The time, indeed, between the promulgation 
and passing of a law, was called Trinum kundtnum, or Trinundinum, 
Liv. iii. 35. Cic. Dom. 16. 17. Phil. v. 3. Fam. xvi. 12 ; but this 
might include from 17 to 30 days, according to the time when the 
table containing the business to be determined, {tabula promulga" 
tionis,) was hung up, and the Comitia were held. The classics ne- 
ver put nundhium by itself for a space of time. Under the late em- 
perors, indeed, it was used to denote the time that the consuls re- 
mained in office, which then probably was two months, Lampnd. 
in Alex. Sever. 28. & 43. so that sometimes there were 12 consuls in 
one year ; hence nundinum is also put for the two consuls them- 
selves, {collegium consulum,) Vopisc. Tac. 9. 

The custom of dividing time into weeks, {hebdomades, v. -de vel 
septimanfe,) was introduced under the emperors. Dio, who flourish- 
ed under Severus, says, it first took place a little before his time, 
being derived from the Egyptians ; and universally prevailed, xxxvii. 
8i. The days of the week were named from the planets, as they 



ROMAN YEAR. 



281 



siill ai^ ; Dies Soils, Sunday ; Lvnce, Monday ; Martis, Tuesday ; 
Mercuriiy Wednesday ; Jovis, Thursday ; Veneris, Friday ; Saturni^^ 
Saturday ; ibid. 

The Romans, in marking the days of the month, counted back- 
wards. Thus they called the last day of December Pridie Kalendas, 
sc. ante, or Pridie Kalendarum Januarii, marked shortly, Prid. Kal. 
Jan. the day before that ; or the 30th December, Tertio Kal. Jan. 
sc. die ante, or ante die tertium Kal, Jan. and so through the whole 
year; Thus, 



=^ 





A TABLE of the Kalends, Nones, and Ides. 


si 


Apr. June, 


Jan. Aug. 


March, May, 




§S 








February. 


^2 

to 


Sept. Nov. 


December. 


July, Oct. 




1 


Kalendae. 


Kalendse. 


Kalends. 


Kalendie. 


2 


IV. 


IV. 


VL 


IV. 


S 


III. 


III. 


V. 


III. 


4 


Prid. Non. 


Prid. Non. 


IV. 


Prid. Non. 


5 


Nonas. 


Nonse. 


III. 


Nonte. 


6 


VIII. 


VIII. 


Prid. Non. 


VIII. 


7 


VII. 


VII. 


Nonas. 


VIL 


8 


VI. 


VL 


VIII. 


VI. 


9 


V. 


V. 


VIL 


V. 


10 


IV. 


IV. 


VI. 


IV. 


11 


III. 


III. 


V. 


III. 


12 


Prid. Id. 


Prid. Id, 


IV. 


Prid. Id. 


13 


Idus. 


Idus. 


III. 


Idus. 


14 


XVIII. 


XIX. 


Prid. Id. 


XVL 


15 


XVII. 


XVIII. 


Idus. 


XV. 


16 


XVI. 


XVII. 


XVII. 


XIV. 


17 


XV. 


XVI. 


XVI. 


XIIL 


18 


XIV. 


XV. 


XV. 


XIL 


19 


xm. 


XIV, 


XIV. 


XL 


20 


XII. 


XIIL 


XIII. 


X. 


21 


XI. 


XII. 


XIL 


IX. 


22 


X. 


XI. 


XL 


VIIL 


23 


IX. 


X. 


X. 


VIL 


24 


VIIL 


IX. 


IX. 


VL 


25 


VII. 


VIII. 


VIIL 


V. 


26 


V[. 


VII. 


VII. 


IV. 


27 


V. 


VL 


VI. 


III. 


28 


IV. 


V. 


V. 


Prid. Kal. 


29 


III. 


IV. 


IV. 


Martii. 


30 


Prid. Cal. 


HI. 


III. 




31 


Mens. seq. 


Prid. Kal. 
Mens. seq. 


Prid. Kal. 
Mens. seq. 





li. 



36 



282 ROMAN ANTIQUITIES. 

In leap year, that is, when February has twenty-nine days, which 
happens every fourth year, both the 24th and 25th days of that 
month were marked, sexto Kalendas Martii or Martias ; and hence 
the year is called Bissextilis. 

The names of all the months are used as substantives or adjec- 
tives, except Aprilis, which is used only as a substantive. 

The Greeks had no kalends in their way of reckoning, but called 
the first day of the month v^sfAT^via, or new moon ; hence ad Grcscas 
Kalendas solvere, for nunquam, Suet. Aug. 87. 

The day among the Romans was either civil or natural. 

The civil day (DIES CIVILIS) was from midnight to midnight. 
The parts of which were, 1. Media nox ; 2. Mediae noctis inclinatio, 
vel de media noc ; 3. Gallicinium, cock-crow, or cock-crowing, 
the time when the cocks begin to crow ; 4. Conticiniurn,, when they 
give over crowing ; 5. Diluculwn^ the dawn ; 6. Mane, the morn- 
ing ; 7. Antemeridianum tempus, the forenoon ; 8. Meridies, noon, 
or mid-day ; 9. Tempus pomeridianum vel meridiei inclinatio, after- 
noon ; 10. Solis occasus, sun-set; 11. Vespera, the evening; 12. 
Crepusculum, the twilight, {dubium tempus, noctis an diei sit : Idea 
dubice res creperse dictce, Varr. L. L. vi. 4.) 13. Prima fax, when 
candles were lighted, called also primce tenebrce, Liv. Prima liimina, 
Horat. — 14. Concubia nox, vel concubium, bed-time, Liv. xxv. 9. — 
15. Intempesta nox, or silentium noctis, far on in the night ; 16. In- 
clinatio ad mediam noctem, Censorin. de die. nat. c. 24. 

The natural day (DIES NATURALIS) was from the rising to 
the setting of the sun. It was divided into twelve hours, which 
were of a different length at different seasons : Hence hora hiberna 
for hrevissima. Plant. Pseud, v. 2. 11. 

The night was divided into four watches, {vigilia prima, secunda, 
&c.) each consisting of three hours, which were likewise of differ- 
ent length at different times of the year : thus, kora sexta noctis, 
midnight ; Septima, one o'clock in the morning ; Octava, two, &c. 
Plin. Ep. iii. 4. 

Before the use of dials {horologia solaria vel sciaterica) was known 
at Rome, there was no division of the day into hours ; nor does 
that word occur in the Twelve Tables. They only mention sun- 
rising and sun-setting, before and after mid-day, Censorin. 23. Ac- 
cording to Pliny, mid-day was not added till some years after, vii. 60. 
an accensus of the consuls being appointed to call out that time, 
(accenso consulum id pronunciante,) when he saw the sun from the 
senate-house ; between the Rostra and the place called Gr^costa- 
sis, Plin. ibid, where ambassadors from Greece and other foreign 
countries used to stand, Varr. L. L. iv. 32. Cic. ad Q. Fr. ii. 1. 

Anaximander or Anaximents of Miletus, is said to have invented 
dials at Lacedsemon in the time of Cyrus the Great, Plin. ii. 76. 
the first dial is said to have been set up at Rome by L. Papirius 
Cursor, A. U. 447. and the next near the Rostra by M. Valerius 
Mesala the Consul, who brought it from Catana in Sicily, in the 
first Punic war, A. U. 481. Plin. vii. 60. Gell. ex Plant, iii. 3.— 
Hence, ad solarium versari, for in foro, Cic. Quint. 18. — Scipio 



ROMAN FESTIVALS. 283 

Nasica first measured time by water, or by a clepsydra, which serv- 
ed by night as well as by day, A. U. 595. ihid. (See p. 211.) The 
use of clocks and watches was unknown to the Romans.* 

DIVISION of DA YS and ROMAN FESTIVALS. 

Days among the Romans were either dedicated to religious pur- 
poses, (DIES FESTI,) or assigned to ordinary business, {dies PRO- 
FESTI.) There were some partly the one and partly the other, 
{dies INTERSICI, i. e. ex parte /e^^z, et ex parte joro/e^/z,) half ho- 
lidays. 

On the Dies Festi sacrifices were performed, feasts and games 
were celebrated, or there was at least a cessation from business. — 
The days on which there was a cessation from business, were called 
FERINE, holidays, Cic. legg. ii. 8. Divin. 45. and were either pai^fc 
or private. 

Public Ferios, or festivals were either stated, (STATUE,) or annu- 
ally fixed on a certain day by the magistrates, or Priests, (CONCEP- 
TIViE,) or occasionally appointed by order of the consul, the prae- 
tor, or Pontifex Maximus, (Imperative.) 

The stated festivals were chiefly the following : 

1. In January, AGON ALIA, in honour t)f Janus, on the 9th, 
{v. Id.) Ovid. Fast. i. 318. &c. and also on the 20th May : CAR- 
MENTALIA, in honour of Carmenta, the mbther of Evander, on 
the llth (11. Id.) : Ovid. ibid. 461. But this was an half-holiday, 
(intercisus :) for after mid-day it was dies profestus, a common work 
day. On the 13th {Idibus) a wether (ijer-yeo; vel ovis semimas, dris,) 
was sacred to Jupiter, Ovid. Fast. i. 588. On this day the name of 
Augustus was conferred on Ca3sar Octavianus, ibid. 590. On the 
first day of this month, people used to wish one another health and 
prosperity, {omnia fausta,) Piin. 28. 2. s. 5. and to send presents to 
their friends. (See p. 58.) Most of the Magistrates entered on their 
office, and artists thought it lucky to begin any work they had to per- 
form, {opera auspicabantur,) Senec. Ep. 83. Ovid, et Martial, 
passim. 

2. In February, FAUNALIA, to the god Faunus, on the 13th 
{Idibus) : LUPERCALIA, to Lycsean. Pan, on the 15th, (xv. Kal. 

* The invention of clocks with wheels is attributed to Facificus, Archdeacon of 
Verona, who lived in the time of Lotharius son of Louis le Debonnair, on the credit 
of an epitaph quoted by Ughelli and borrowed by him from Penvinius. They were 
at first called nodurnal dials, to distinguish them from sim diaZs, which shewed the 
hours by the sun's shadow. Others ascribe the invention to Boethius, about the 
year 510. — Some rank Archimedes^ s sphere, mentioned by Claudian^ and that of 
Posidonius, mentioned by Cicero^ among the machines of this kind ; because they 
had their motion from some hidden weights or springs, with wheels, or pullies, or 
some such clock-work principle. Such as are now in use were either first invented, 
or at least retrieved in Germany, near the close of the 16th century. The honour 
of the invention of Pendulum clocks is disputed by Huygens and Galileo. 

It is certain, however, that the invention never flourished until it came into Huy' 
gen's hands. 

The invention of spring or pocket watches is contended for by Huygens and Dr. 
Hooke; the time of this invention was about the year 1658, and HooUg's claim ap- 
pears now to be almost undisputed. — See Encyclop. Brit. 



284 ROMAN AKTIQUITIE^. 

Mart.^) QUIRINALIA, to Romulus, on the 17th; FERALIA, 
{quod trim e.pulas ad se/piUchra mnicorum ferebant, vd pecudes ferie- 
bant, Festiis,) to the Dii Manes, on the 21st, (Ovid says the 17th,) 
and sometimes continued for several days ; after which friends and 
relations kept a feast of peace and love {charistia) for settling diffe- 
rences and quarrels among one another, if any such existed, Valer. 
Max. ii. 1. 8. Ovid, Fast. ii. 631. TERMINALIA, to Terminus; 
REGIFUGIUM vel regis fuga, in commemoration of the flight of 
king Tarquin, on the 24th ; EQUIRIA, horse races in the Campus 
Martins, in honour of Mars, on the 27th. 

3. In march, MATRONALI A, celebrated by the matrons for va- 
rious reasons^ but chiefly in memory of the war terminat^d^ between 
the Romans and Sabines, Ovid. Fast. iii. 170 : on the first day, 
when presents used to be given by husbands to their wives, Plaut, 
Mil. in. 1. 97. rihuU.m. I. Suet. Vesp. 19. Festum ANCILIORUM, 
on the same day and the three following, when the shields of Mars 
were carried through the city by the Salii, who used then to be en- 
tertained with sumptuous feasts ; whence Saliares dapes vel cceniBf 
for laut(s opiparcB, opuhntcB, Horat. Od. i. 37. 2. LIBERALIA, to 
Bacchus, on the 18th, (xv. Kal. Apr.) when young men used to put 
on the Toga xirilis, or manly gown ; QUlNQUATRUS, -uum, vel 
Quinquatria, Ovid. Fast. iii. 810, Gell. ii. 21. in honour of Minerva, 
on the I9th, at first or>ly for one day, but afterwards for five ; whence 
they got their name. At this time, boys brought presents to their 
masters, called Miiterxalia. On the last day of this festival, and 
also on the 23d March, (x. kal. April.) the trumpets used in sacred 
rites were purified {lustrahantur) by sacrificing a lamb : hence it was 
called TuBiLUSTRiuM, vel -ia. Ovid. Fast. iii. 849. v. 725. HILA- 
RIA, in honour of the mother of the gods, on the 25th. 

4. In April, MEGAI.ESIA, or Megalenses, to the great mother of 
the gods, on the 4th or 5th ; CEREALIA, or Ludi Cereales, to Ceres, 
on the 9th ; FORDICIDIA, on the 15th, when pregnant cows were 
sacrificed, (fordes hoves, i. e. gravidce, qua in ventre ferunt,) Ovid* 
/a^/. iv. 5. 622. PALILIA,vel Parilia, to Pales, the "lUx. (See 
p. 13.) On this day Caesar appointed Circensian games to be annu- 
ally celebrated ever after ; because the news of his last victory over 
Labienus and the sons of Pompey at Munda in Spain, had reached 
Rome the evening before this festival, Dio. xliii. 42. ROBIGALIA, 
to Robigus, that he would preserve the corn from mildew, {a Rubi- 
gine,) on the 25th ; FLORALIA, to Flora or Chloris, (ut omnia bene 
defiores Cerent, shed their blossoms, Plin. xviii. 29.) begun on the 
28th, and continued to the end of the month, attended with great in- 
decency, Lactant. i. 20. 10. Scholiast, in Juvenal, vi. 249. which is 
said to have been once checked by the presence of Cato, Seyiec. Ep. 
97. Martial i. 3. &Lpraf. Valer. Max. ii. 10. 8. 

4* In May on the kalends were performed the sacred rites of the 
Bona Dea by the Vestal Virgins, and by women only, {cum omne 
masculum expellehatnr, Juvenal, vi. 339.) in the house of the consul 
and praetors, for the safety of the people, Dio. xxxvii. 35. & 45. 
On this day also an altar was erected {constituta,) and a sacrifice 



ROMAN FESTIVALS. 285 

oHfered to the Lares, called Prcestites, {quod omnia iula prcsstant,) 
Ovid. Fast. v. 133. on the 2d. COMPITALIA, to the Lares in the 
pubhc ways, at vvliich time boys are said anciently to liave been sa- 
crificed to Mania the mother of the Lares ; but this cruel custom 
was abolished by Junius Brutus, Macrob. Sat. i. 7. On the 9th, 
LEMURIA, to the Lemures, hobgoblins or spectres in the dark, 
which were believed to be the souls of their deceased friends, (ma- 
7ies paterni,) Sacred rites were performed to them for three nights, 
not successively, but alternately for six days, Ovid. Fast. v. 429 ; 
on the 13th, or the ides, the images of thirty men made of rushes, 
(simulacra scripea virorum,) called Jlrgei, were thrown from the Sub- 
lician bridges by the Vestal Virgins, attended by the magistrates and 
priests, in place of that number of old men, which used anciently to 
be thrown from the same bridge into the Tiber, Festus in Deponta- 
Ni. T^arr. de Lat. ling. vii. 3. Ovid. Fast,, v. 621. &c. On the same 
day was the festival of merchants, {festum mercatorum,) when they 
offered up prayers and sacred rites to Mercury ; on 22d, (x. kaL 
Jun.) VULCAN ALIA, to Vulcan, called Tubilustria, because then 
the sacred trumpets were purified, ibid. 725. 

6. In June, on the kalends were the festivals of the goddess Car- 
NA, (quce vitalibus humanis prceerat,) o[ Mars Extramuraneus, whose 
temple was without the Porta Capena, and of Juno Moneta ; on the 
4th, of Bellona ; on the 7th, Ludi Piscatorii j the 9th, Vestalia, 
to Vesta ; iOth, Matralia, to mother Matuta, &:c. With the fes- 
tivals of June, the six books of Ovid, called Fasti, end ; the other six 
are lost. 

7. In July, on the kalends, people removed (commigrabant) 
from hired lodgings, Cic. ad Q. Fratr. ii. 3. Fam. xiii. 2. Suet. Tib. 
35 ; the fourth, the festival of Female Fortune, in memory of Cori- 
olanus withdrawing his army from the city, Liv. ii. 40 ; on the 5th, 
Ludi Appollinares, Liv. xxv. 12. xxvii. 23 ; the 12th, the birth- 
day of Julius Csesar ; the 15th, or ides, the procession of the Equites, 
(see p. 35.) and the 16th, DIES ALLIENIS, on which the Romans 
were defeated by the Gauls, {dies ater et funestes,) Cic. Att. ix. 5. 
Suet. Vit. 2 ; the 23d, Neptunalia. 

8. In August on the 13th, or ides, the festival of Diana ; 19th, 
ViNALiA, when a libation of new wine was made to Jupiter and 
Venus, Plin. xviii. 29 ; 18th, Consualia, games in honour of Consus, 
the god of council, or oi Equestrian Neptune ; a twhich the Sabine wo- 
men were carried off by the Romans, Liv. i. 9 ; the 23d, Vulcana- 
lia, Plin. Ep. iii. 5. 

9. In September, on the 4th, {Prid. Jsfon.) Ludi Magni or Ro- 
mani, in honour of the great gods, Jupiter, Juno, and Minerva, for 
the safety of the city ; on the 13th, the consul or dictator {Prcetor 
Maximus) used anciently to fix a nail in tl^ temple of Jupiter ; Liv. 
vii. 3 ; the 30th, Meditrinalia, to Meditrina, the goddess of curing 
or healing, {medendi,) when they first drank new wine. 

10. In October, on the 12th, Augustalia vel Ludi Augustales, 
Tacit. Annal. i. 15 ; the 13th, Faunalia ; the 15th, or ides, a horse 
was sacrificed, called Equus Octobris, v. -ber, because Troy was 



286 ROMAN ANTIQUITIES. 

supposed to have been taken in this month by means of a horse. The 
tail was brought with great speed to the Regia or house of the Fan" 
tifex M. that its blood might drop on the hearth, Festus. 

11. In November, on the 13th, there was a sacred feast called 
Epulum Jovis ; on the 27th, sacred rites were performed on account 
of two Greeks and two Gauls, a man and a wom.an of each, who 
were buried alive in the ox market ; Liv, xxii. 57. Flutarch. quasi. 
83, & in Marcello / Plin. xxviii. 2. s. 3. 

12. In December, on the 5th, or nones, FAUNALIA, Horat, Od. 
iii. 18 ; on the 17th, (xvi. KaL Jan.) SATURNALIA, the feasts of 
Saturn, the most celebrated of the whole year, w^hen all orders 
were devoted to mirth and feasting ; friends sent presents to one an- 
other. Suet. Aug. 75. Vesp. 19. Stat. Silv. yL 9. and masters treated 
their slaves as if upon an equal footing : Horat. Sat. ii. 7. at first 
for one day, Liv. ii. 21. xxii. 1. afterwards for three, and by the or- 
der of Caligula, for five days, IJio. lix. 6. Suet. Claud. 17. Macrob, 
Sat. i. 10. So Claudius, Dio. Ix. 25. Two days were added, call- 
ed SiGiLLARiA, (a sigillis) from small images, which then used to 
be sent as presents, especially by parents to their children, Macrob. 
ibid. On the 23d, Laurentinalia, in honour of Laurentia Acca, 
the wife of Faustulus, and nurse of Romulus, Varr. L. L. v. 3. 

The FERIiE CONCEPTIV^E, which were annually appointed 
(concipiebantur vel indicebantur) by the magistrates on a certain day, 
were, 

1. FERIiE LATINiE, the Latin holidays, (see p. 68.) first ap- 
pointed by Tarquin for one day, Liv. i. 55. After the expulsion of 
the kings they were continued for two, then for three, and at last for 
four days, Liv. vi. 42. The consuls always celebrated the Latin 
feri(B before they set out to their provinces ; and if they had not 
been rightly performed, or if any thing had been omitted, it was 
necessary that they should be again repeated, (instaurari,) Liv. pas- 
sim. 

2. PAGANALIA, celerated in the villages, {in pagis) to the tute- 
lary gods of the rustic tribes. See p. 76. 

3. SEMENTIV^, in seed-time for a good crop, Varr. ibid. 

4. COMPITALIA, to the Lares, in places where several ways 
met, (in compitis.) 

FERINE IMPERATIViE, were holidays appointed occasionally ; 
as, when it was said to have rained stones, Sacrum novendiale vel 
feriw per novem dies, for nine days, Liv. i. 31 ; for expiating other 
prodigies, Liv. iii. 5. xxxv. 40. xlii. 2 ; on account of a victory ; &c. 
to which may be added Justitium, (cum jura stant,) a cessation 
from business on account of some public calamity, as a dangerous 
war, the death of an emperor, &c. Liv. iii. 3. 27. iv. 26. 31. vi. 2. 7. 
vii. 6. 28. ix. 7. x. 4. 21. Tacit. Annal. ii. 82. Supflicatio et Lectis- 
TERNiuM, &c. See p. 273. 

FericB were privately observed by families and individuals on ac- 
count of birth-days, prodigies, &c. The birth-day of the emperors 
was celebrated with sacrifices and various games, as that of Augus- 
tus, the 23d September, Dio. Iii. 8. 26, 34 The games then cele- 



ROMAN GAMES. 287 

brated were called Augustalia, Dio. IvI. 29. as well as those on the 
12th of October, (iv. Id, Octob.) in commemoration of his return to 
Rome, Dio, liv. 10. Ivi. 46. which Dio says continued to be ob- 
served in his time, under Severus, liv. 34. 

DIES PROFESTI, were either Fasti or Nefasti, &c. (See p, 
283.) NunditKB, quasi Novendice^ (see p. 78.) market-days, which 
happened every ninth day ; when they fell on the first day of the 
year it was reckoned unlucky, Dio, xl. 47. Macrob. Sat. i. 13. and 
therefore Augustus, who was very superstitious. Suet. Aug. 92. used 
to insert a day in the foregoing year to prevent it, which day was ta- 
ken away from the subsequent year, that the time might agree with 
the arrangement of Julius Caesar, Dio. xlviii. 33. PRiELiARES, fight- 
ing days, and non pr(Bliares ; as, the days after the kalends, nones, 
and ides ; for they believed there was something unlucky in the word 
post, after, and therefore they were called Dies religiosi, atri vel m- 
fausti ; Ovid, Fast. i. 58. as those days were, on which any remarka- 
ble disaster had happened ; as, Dies Alliensis, (fee, Liv. vi. 1. The 
ides of March, or the 15th, was called Parricidium ; because on that 
day, Caesar, who had been called Pater Patri^, was slain in the 
senate-house, Suet, Cms. 85. & 88, Conclave, in quo casus fuer at, 
obstructum el in latrinam conversum, Dio. xlvii. 19. 

As most of the year was taken up with sacrifices and holy days, 
to the great loss of the public, Claudius abridged their number, Dio, 
Ix. 17. 

ROMAN GAMES. 

Games among the ancient Romans constituted a part of religious 
worship. They were of different kinds at different periods of the 
republic. At first they were always consecrated to some god ; and 
were either stated, {Ludi STATI,) the chief of which have been al- 
ready enumerated among the Roman festivals ; or vowed by gene- 
rals in war, (VOTIVI,) or celebrated on extraordinary occasions, 
(EXTRAORDINARII.) 

At the end of every 110 years, games were celebrated for the 
safety of the empire, for three days and three nights, to Apollo and 
Diana, called Ludi S.^CULARES. (See p. 154.) But they were 
not regularly performed at those periods. 

The most famous games were those celebrated in the Circus 
Maximus; hence called Ludi Circenses ; of which the chief were 
Ludi Romani vel Magni, Liv, i. 35. 

1. LUDI CIRCENSES, 

The Circus Maximus was first built by Tarquinius Priscus, and af- 
terwards at diflferent times magnificently adorned. It lay betwixt the 
Palatine and Aventine hills, and was of an oblong aVcit/ar form, whence 
it had its name. The length of it was three stadia, or furlongs and 
a half, i. e. 437^ paces, or 2187|^ feet : the breadth little more than 
one stadium, with rows of seats all around, called Fori or spectacula 
(i. e. sedilia unde spectarent,) rising one above another, the lowest 
of stone and the highest of wood, where separate places were al- 



288 ROMAN ANTIQUITIES. 

lotted to each Curia, and also tlie Senators and to the Equiles ; but 
these last under the republic, sat promiscuously with the rest of 
the people. (See p. 18.) It is said to have contained at least 
150,000 persons, Dionys. iii. 68. or, according to others, above 
double that number ; according to Pliny, 250,000. Pliyi. xxxvi. 15. 
5. 24. Some moders say 380,000. Its circumference was a mile. 
It was surrounded with a ditch or canal, called Euripus, ten feet 
broad and ten feet deep ; and with porticos three stories high (tfroai 
r^iisyai) ; both the work of Julius Caesar. In different parts there were 
proper places for the people to go in and out without distur- 
bance. On one end there were several openings, (octia,) from which 
the horses and chariots started, {emittebantur,) called CARCERES 
vel Lepagula, and sometimes Career, {quod equos coercebat, ne exi- 
rent, priusquam magistralus sigmim mitteret, Varro. L. L. iv. 32.) 
first built A. U. 425. Liv, viii. 20. Before the carceres stood two small 
statues of Mercury, ( Hermuli,) holding a chain or rope to keep in the 
horses, Cassiodor. Var, Ep. iii. 51. in place of which there seems 
sometimes to have been a white line, (alba linea,) or a cross furrow 
filled w^ith chalk or lime, ibid, at which the horses were made to 
stand in a straight row {frontihus cequabantur,) by persons called mo- 
RATORES, mentioned in some ancient inscriptions. But this line, 
called also Creta or Calx, seems to have been drawn chiefly to 
mark the end of the course, or limit of victory, {ad victories notum,) 
Plin. XXXV. 16. s. 58. Isidor. xviii. 37. to v/hich Horace beautifully 
alludes. Mors ultima linea rerum est, Ep. i. 16. fin. 

On this end of the circus, which was in the form of a semicircle, 
were three balconies or open galleries, one in the middle, and one in 
each corner : called Mjeniana, from one Msenius, who, w^hen he sold 
his house adjoining to the Forum, to Cato and Flaccus the censors, 
reserved to himself the right of one pillar, where he might build a 
projection, whence he and his posterity might view the shows of gla- 
diators, which were then exhibited in the Forum, Ascon, m Cic. Suet. 
Cal. 18. 

In the middle of the Circus, for almost the whole length of it, there 
was a brick wall, about twelve feet broad, and four feet high, called 
Spina, Scholiast in Juvenal, vi. 587. Cassiod. Ep. iii. 51. at both the 
extremities of which there were three columns or pyramids on one 
base, called MET^, or goals, round which the horses and chariots 
turned, {flectebant,) so that they always had the spina and metm on 
their left hand, Ovid. Am. iii. 65. Lucan. viii. 200. contrary to the 
manner of running among us. Whence a carceribus ad metam vel 
calcem, from beginning to end, Cic. Am. 27. Sen. 23. 

In the middle of the spina Augustus erected an obelisk 132 feet 
high, brought from Egypt ; and at a small distance another 88 feet 
high. Near the first Meia, whence the horses set off, there were seven 
other pillars, either of an oval form or having oval spheres on their 
top called OVA, Varr. de re Rust. i. 2. 11. which were raised or 
rather taken down, {tollebantur, ibid.) to denote how many rounds 
the charioteers had completed, one for each round ; for they usually 
ran seven times round the course, -\bove each of these ova was 



ROMAN GAMES. 289 

engraved the figure of a dolphin. These pillars were called FA- 
hJE or PHAi.^. Some think there were two different kinds of pil- 
lars, one with the figure of an ovum on the top, which were erected 
at the Me tu prima j and another with the figure of a dolphin, which 
stood at the M'-la ultima ; Juvenal joins them together, Consulit an- 
te f alas delpkinnrum'pu' colnmuas, vi. 589. They are said to have 
been first constructed, A. U. 721. by Agrippa. Dio. xlix. 43. but 
ova ad me.tas curriculis numirandis, are mentioned by Livy long 
before A. U. 577. Liv. xli. 27. as they are near 600 years after by 
Cassiodorus, iii. Var. Ep. 51. The figure of an egg was chosen in 
honour of Castor and Pollux, {Dioscuri, i. e. Jove nali, Cic. Nat. D. 
iii. 21. agnnum prcesides ;) and of a dolphin in honour of Neptune, 
Tertullian. Spectac. 8. also as being the swiftest of animals, Plin, 
ix. 8. 

Before the games began, the images of the gods were carried in 
procession on carriages and in frames, {in thensis e.t ferculis,) Suet. 
Jul. 76. Ovid, Amor. iii. 2. 44 Cic. Verr. 5. 72. or on men's shoul- 
ders, with a great train of attendants, part on horseback, and part 
on foot. Next followed the combatants, dancers, musicians, i&c. 
When the procession was over, the consuls and priests performed 
sacred rites, Dionys. vii. 72. 

The shows {spectacula) exhibited in the Circus Maximxis, were 
chiefly the following : 

1. Chariot and horse-races, of which the Romans were extrava- 
gantly fond. 

The charioteers (agiialores vel aurigce) were distributed into four 
parties (greges) or factions, distinguished by their different dress or 
livery ; factio alba vel alhala, the white ; russata, the red ; venetay 
the sky-coloured or sea-coloured ; and prasina, the green faction ; 
to which Domitian added two, called the golden and purple, {factio 
aurata el purpurea^) Suet. Domit. 7. The spectators favoured one 
or the other colour, as humour or caprice inclined them. It was 
not the swiftness of the horses, nor the art of the men, that attracted 
them ; but merely the dress; {Kane favenl panno, pannum amant,) 
Plin. Ep. ix. 6. In the time of Justinian, no less than 30,000 men 
are said to have lost their lives at Constantinople in a tumult raised 
by contention among the partisans of these several colours, Procop, 
Bell. Pers. i. 

The order in which the chariots or horses stood, was determined 
by lot ; and the person who presided at the games gave the signal 
for starting by dropping a napkin or cloth, mappd vel panno misso. 
Then the chain of the Hermuli being withdrawn, they sprung for- 
ward, and whoever first ran seven times round the course was vic- 
tor, Propert. ii. 25. 26. 1. Senec. Ep. 30. Ov. Hal. 68. This was 
called one match: {unus MISSUS, -ils) ^ov the matter was almost 
always determined at one heat ; and usually there were twenty-five 
of these in one day, so that when there were four factions, and one 
of these started at each time, 100 chariots ran in one day, Serv. in 
Virg. G. iii. 18, {centum quadrajugi) sometimes many more ; but 

37 



290 ROMAN ANTIQUITIES. 

then the horses commonly went only five times round the course> 
Suet. Claud. 21. Mr. 22. Domit. 4. 

The victor, being proclaimed by the voice of a herald, was crown- 
ed, Suet. Calig. 32. Firg. JEn. iii. 245. and received a prize in mo- 
ney of considerable value, Martial, x. 50. 74. Juvenal, vii. 113. 

Palms were first given to the victors at games, after the manner 
of the Greeks ; and those who had received crowns for their brave- 
ry in war, first wore them at the games, A, U. 4.59. Liv. x. 47. — 
The palm tree was chosen for this purpose, because it rises against 
a weight placed on it, [adversus pondus resnrgii vt sursum nitiiur,) 
Gell. iii. 6. Plin. xvi. 42. s. 81, 12. hence put for any token or 
prize of victory, Horat. Od. i. 1. 5, Juvenal, xi. 181. or for victory 
itself, Firg. G. iii. Ovid. Trist, iv. 8, 19. Palma lemniscala, a palm 
crown with ribands (lemnisci) hanging down from it, Cic. Rose. Am. 
25. Festus. Huic consilio paiman do, I value myself chiefly on ac- 
count of this contrivance, Ter. Heaut. iv, 3. 31. 

2. Contests of agility and strength, of which there were five 
kinds ; running, {cursi-is ;) leaping, (sallus ;) boxing, {pugilalm ;) 
wrestling, {lucta ;) and throwing the discus or quoit (disci jacius ;) 
hence called Pentathlum^ vel -on, {Latine Qufnquertium, Festus,) 
or Ctrtamen AthloAicum vel Gymnicum, because they contended na- 
ked, (7UIXV0!,) with nothing on but trowsers or drawers, (subligaribus 
iantum velali,) whence GYMNASIUM, a place of exercise, or a 
school. This covering, which went from the waist downwards, and 
supplied the place of a tunic, was called Cabspestre, Horat, Ep. u 
11. 18. (<s^^!^wfxa, Pausan. i. 44.) because it was used in the exerci- 
ses of the Campus Martins, and those who used it, Campestrati, Au- 
gustin. de Civ.. Dei. xiv. 17. So anciently at the Olympic games, 
Tliucydid. i. 6, 

The Athletes were anointed with a glutinous ointment called Ce- 
ROMA, Martial, vii. 31. 9. iv. 4. & 19. xi. 48. Juvenal, vi. 245. by 
slaves called Aliptae, Cic. i. 9. 35. whence liquida, palestra, Lu- 
can. ix. 661, uncta palestra, Ovid. Ep. xix. 11. and wore a coarse 
shaggy garment called Endromis, -idis. Martial, iv, 19. used of finer 
stuff by women, Juvenal, ibid, also by those who played at that kind 
of the hand-ball (pila,) called Trigon or Harpastum, ./V/ar/za/. ibid. 

Boxers covered their hands with a kind of gloves, (chirotheca,) 
which had lead or iron sewed into them, to make the strokes fall 
with the greater weight, called C^stus vel cestus, Virg. JEn, v. 
379.400.^ 

The combatants {AtkletcE) were previously trained in a place of 
exercise, {in palatstra vel gymnasio^ Plant. Bacch. iii. 3. 14. and 
restricted to a particular diet, Horat. de Art. Poet. 413. 1. Corinth, 
ix. 25. In winter they were exercised in a covered place called 
XYSTU8, vel -wn, surrounded with a row of pillars, Peristylium, 
Fitruv. V. 2. But Xystwn generally signifies a walk under the open 
air, {ambulatio Hypcethra vel subdialis,) laid with sand or gravel, and 
planted with trees, joined to a Gymnasium^ Cic. Att. i. 8. Acad, iv, 
3. Suet. Aug. 72. Plin. Ep. ii. 17. ix. 36. 

The persons thus exercised were called Palosstritce, or Xystici ; 



ROMAN GAMES. 291 

and he who exercised them, exercitator, Plin. xxiii. 7. s. 63. Ma- 
gister vel Doctor Palestrtcus^ Gymnasiarchm, vel Xystarchus, vel 
-es. From the attention of Antony to gymnastic exercises at Alex- 
andria, he was called Gyninasiarcha by Augustus, Dio, 1. 5. 27. 

Palestra was properly a school for wrestling, (a rraXv;, luclatioy) 
but is put for any place of exercise, or the exercise itself; hence 
palcBstram discere, to learn the exercise ; Cic. OraL iii. 2*2. These 
gymnastic games, (gymnici agones,) were very hurtful to morals, 
Plin, iv, 22. 

The Athletic games among the Greeks were called ISELASTIC, 
(from siffsXsvm, invehor,) because the victors, {Hieromae, 8uet. Ner. 
24, 25.) drawn by white horses, and wearing crowns on their heads ; 
of olive, if victors at the Olympic games, Virg. G. iii, 18. of laurel 
at the Pythian ; of parsley at the Nemean ; and of pine at the Isth- 
mian, were conducted with great pomp into their respective cities, 
which they entered through a breach in the walls made for that pur- 
pose ; intimating, as Plutarch observes, that a city which produced 
such brave citizens, had little occasion for the defence of walls, Pliiu 
Ep. X, 119. They received for life an annual stipend, [opsoina^) 
from the public, ibid, & Vitruv. ix. Pripf. 

3. LuDus Troj^, a mock fight, performed by young noblemen 
on horseback, revived by Julius Caesar, Dio, xliii. 23. Suet. 19. and 
frequently celebrated by the succeeding Emperors. Suet. Aus,. 43. 
Tib. 6. CaL 18. Claud.''2{. Ktr. 7. Dio, xlviii. 20. li, 22. &c de- 
scribed by Virgil, ^^n, v. 561. &c. 

4. What was called Venatio, or the fighting of wild beasts with 
one another, or with men called Bcstiarii, who were either forced to 
this by way of punishment, as the primitive Christians often v/ere ; 
or fought voluntarily, either from a natural ferocity of disposition, 
or mduced by hire, {auctoramenio,) Cir^ Tusc. Qucest. ii. 17. Fam. 
vii. 1. Off. ii. 16. Vat, 17. An incredible number of animals of va- 
rious kinds were brought, from all quarters, for the entertainment of 
the people, and at an immense expense, Cic. Fam. viii. 2. 4. 6. 
They were kept in inclosures, called vjvakia, till the day of exhibi- 
tion. Pompey, in his second consulship, exhibited at once 500 
lions, who were all despatched in 5 days ; also 18 elephants, Dio, 
xxxix. 38. Pliji. viii. 7. 

2. The representation of a horse and foot battle, and also of an 
encampment or a siege. Suet. Jul. 39. Claud. 21. Dom. 4. 

6. The representation of a sea-fight, (Naumachia,) which was at 
first made in the Circus Maxirnu.^!, but afterwards oftener elsewhere. 
Augustus dug a lake near the Tiber for that purpose, Suet. Aug. 43. 
Tiber. TZ. and Domitian built a naval theatre, which was called jVau- 
machin Domitiani, 8uet. Dom. 5. Those who fought were call- 
ed Naumachiarii. They were usually composed of captives or con- 
demned malefactors, who fought to death, unless saved by the cle- 
mency of the emperor, Dio. Ix. 33. Suet. Claud. 21. Tacit. Annal, 
xii. 56. 

If any thing unlucky happened at the games, they were renewed, 
{insiaurabantur,) Dio. Ivi. 37. often more than ooce, Id, Ix. 6» 



292 ROMAN ANTIQUITIES. 

II. SHOWS of GLADIATORS. 

The shows (spectacula) of gladiators were properly called M\me' 
ra, and the person that exhibited {edebnl) them, Munerarms, vel 
-ct^or, Editor et Dominus, Cic. Att. ii. 19. who, although in a pri- 
vate station, enjoyed, during the days of the exhibition, the ensions 
of magistracy, Cic. legs^, ii. 24. They seem to have taken their rise 
from the custom of slaughtering captives at the tombs of those slain 
in battle to appease their manes, Virg. Mn. x. 518. 

Gladiators were first publicly exhibited {dali sunt) at Rome by 
two brothers called Bruii, at the funeral of their father, A. U. 491). 
Liv. Epit. xvi. Faler. Max. ii. 4. 7. and for some time they were 
exhibited only on such occasions ; but afterwards, also, by the magis- 
trates, to entertain the people, chiefly at the Satumalin and feasts 
of Minerva. Incredible numbers of men were destroyed in this man- 
ner. After the triumph of Trajan over the Dacians, spectacles 
were exhibited for 123 days, in which 11,000 animals of different 
kinds were killed ; and 10,000 gladiators fought, Dio. xlviii. 15. 
whence we may judge of other instances. The emperor Claudius, 
although naturally of a gentle disposition, is said to have been ren- 
dered cruel by often attending these spectacles. Din. Ix. 14. 

Gladiators were kept and maintained in schools (m ludis) by per- 
sons called LANlSTiE, who purchased and trained them. The 
whole number under one Lanista was called Famtlia, Svet. Jul. 26. 
Aug. 42. They w^ere plentifully fed on strong food ; hence Sagma 
gladiatoria, Tacit. Hist. ii. 88. 

A Lanista, when he instructed young gladiators (lirones.) deliver- 
ed to them his lessons and rules [dictala et leges) in writing, Suet, 
Jul. 26. Juvenal, xi. 8. and then he was said commentari, Cic. de. 
Orat. iii. 23. when he gave over his employment, a gladiis recessisse, 
Cic. Rose. Am. 40. 

The gladiators, when they were exercised, fenced with wooden 
swords, {rudibus batuebant ; whence botualia, a battle,) Cic. ibid. 
Suet. Calig. 32. 54. When a person was confuted by weak argu- 
ments, or easily convicted, he was said, Plumbeo gladio jugulari, Cic. 
Att. i. 16. Jvgido hunc sua sibi gladio, I foil him with his own wea- 
pons ; I silence him with his own arguments, Terent. Adolph. v. 8. 
34. O plumbeum pugionem ! O feeble or inconclusive reasoning ! 
Cic. Fin. iv. 18, 

Gladiators were at first composed of captives and slaves, or of 
condemned malefactors. Of these, some were said to he ad gladi- 
um damnaii, who were to be despatched within a year. This, how- 
ever, was prohibited by Augustus, {gladiatores sine missione edi pro- 
hibuit^) Suet. Aug. 45. and others, ad ludum damnati, who might be 
liberated after a certain time. But afterwards, also, free-born citi- 
zens, induced by hire or by inclination, fought on the arerm, some 
even of noble birth, Juvenal, ii. 43. viii. 191. &c. Liv. xxviii. 2. Sw- 
et. J^er. 12. and what is stilJ more wonderful, women of quality, 
Tacit. Annul, x. v. 32. Suet, Domit, 4. Juvenal, vi. 254. &c. and 
dwarfs, inani) Stat. Syl. v. 1. vi. 57. 



ROMAN GAMES. 293 

Freemen who became gladiators for hire were said esse auciorati, 
Horat. Sat. ii. 7. 5. and their hire, auctoramcntum, Suet. Tib. 7. or 
gladiatorium, Liv. xhv. 31. and an oath was administered to them, 
PiLArhUer, 117. 

Gladiators were distinguished by their armour and manner of fight- 
ing. Some were called Secu tores, whose arms were an helmet, a 
shield, and a sword, or a leaden bullet, {massn plumbea,) Isidor. 
xviii. .'iS. With them were usually matched {committebantur vel 
componebantur) the RETIARII. A combatant of this kind was dress- 
ed in a short tunic, but wore nothmg on his head, Suet. Calig. 30. 
Claud. 34. Juvenal, viii. 205. He bore in his left hand a three 
pointed lance, called Tridens or Fvscina, and in his right a net, 
(KEi'E,) with which he attempted to entangle [irretire) his adversary, 
by casting it over his head, and suddenly drawing it together, and 
then with his trident he usually slew him. But if he missed his aim, 
either by throwing his net too short, or too far, he instantly betook 
himself to flight, and endeavoured to prepare his net for a second 
cast ; while his antagonist as quickly pursued, (whence the name 
Secutor,) to prevent his design by despatching him. 

Some gladiators were called Mirmillones, (a fxo^jxu^oc:, piscis) be- 
cause they carried the image of a fish on their helmet ; hence a 
Retiarius, when engaged with one of them, said, " I do not aim at 
you, I throw at your fish," (Non te feto, hiscem peto : Quid me 
FUGis, Galle?) Festus, The Mirmillo was armed like a Gaul, 
with a buckler [parma vel pelta) and a hooked sword or cutlass, 
{sica vel hnrpe, i. e. gladio incurvo et falcaio,) and was usually 
matched with a Thracian, (Threx vel Thrax, i. e. Threcidicis ar- 
mis ornatus,) Cic. Phil. vii. 6. l.iv. xli. 20. Horat. Sat. ii. 6. 44. 
Suet. Cal. 32. Juvenal, viii. 201. Auson. in Monosyll. 102. Quis 
Myrmitloni compomtur lEqiiinianns ? Threx. 

Certain gladiators from their armour were called Sammtes, L/r. 
ix. 40. Cic. Sext. 64. and also Hoplomachi, Suet. Calig. 35. Some 
Dimachceri, because they fought with two swords ; and others Lo- 
qjieariij because they used a noose to entangle their adversaries, 
Isidor. xviii. 56. 

There was a kind of gladiators who fought from chariots (ex es- 
sedis,) after the manner of the Britons or Gauls, called Essedarii, 
Ci(\ Fam. vii. 6. Suet. Cal. 35. Cits, de B. G. v. 24. and also from 
on horseback, with, what was curious, their eyes shut, {clausis oai- 
lls,) who were called Andabav^, Cic. Fam. vii. 10. Hence Anda- 
baturum mare pugnare, to fight in the dark or blindfold, Hyeronym. 

Gladiators who were substituted {supponebantur) in place of those 
who were conquered or fatigued, were called Sui'I'(»iti rn, or Suk- 
DiTiTii, Martial, v. 25. 8. Those who were asked by the people, 
from the Empej-or, on account of their dexterity and skill in fi«rht- 
ing, were called Postulatitii ; Such were maintained at the Em- 
peror's private charge, and hence called Fiscales or Ccesariani, 
Those who were produced and fought in the ordinary manner, were 
called Ordin'arii, Suet. Aug. 44. Doniit. 4. 

When a .number fought together, igre^atim, kmcrc ac sine aru,) 



294 ROMAN ANTIQUITIES. 

and not in pairs, they were called Catervaru, Suet. Jlug. 45. Cal, 
30. Those produced at midday, who were generally untrained, 
were called Mekidiam, Scnec. Epi.tt.7. Sucf.. Claud. 34. 

The person who was to exhibit gladiators (editor) some time 
before announced the show, {mvuus edicebaf, Senec. Ep. 111. osteti' 
df'hat, pronunciabnt, proponelat^ S/c. Cic. Fam. ii. 8. ix. 9. Suet. 
Jul. 25. Tit. 8.) by an advertisement or bill pasted up in public, 
{per lihellum publice affixum,) in which he mentioned the number 
and the names of the most distinguished gladiators. Sometimes 
these things seem to have been represented in a picture, Horat. 
Sat. ii. 7. 95. Plin. xxxv. 7. 5. 33. 

Gladiators were exhibited sometimes at the funeral pile, often in 
the Forum, which was then adorned with statues and pictures, Cic. 
Verr. i. 22. but usually in an amphitheatre, so called because it was 
seated all round, like two theatres joined, Plin. xxxvi. 14. 16. &c. 

* AMPHITHEATRES were' at first temporary, and made of 
wood. The first durable one of stone was built by Statilius Taurus 
at the desire of Augustus, Suet. Aug. 29. which seems likewise to 
have been partly of wood. The largest amphitheatre was begun by 
Vespasian and completed by Titus, now called Colis^a'm, from 
the Cdlossus or large statue of Nero which stood near it. It was of 
an oval form, and is said to have contained 87,000 spectators. Its 
ruins still remain. The place where the gladiators fought was call- 
ed Arena, because it was covered with sand or saw-dust, to prevent 
the gladiators from sliding, and to absorb the blood ; and the per- 
sons who fought, Arenarii. But arena is also put for the whole am- 
phitheatre, or the show, Juvenal, iii. 34. also for the seat of war ; Pri- 
ma civilis arena Italia fuit, Flor. .iii. 20. 21. iv. 2. thus Lucan. vi. 
63. or for one's peculiar province, Plm.Ep.\\. 12. So Cavea, 
for a theatre or amphitheatre, Suet. Aug. 44. Claud. 21. Cic. Amic. 
24. Plaut. Amph. prol. 65. Cons^ssiis caveas, the spectators, Virg. 
Mn. V. 340. But cavea properly signifies a place where wild 
beasts were confined. Suet. Cal. 27. 'Horat. Art. P. 473. Martial. 
ix. 90. Plin. xxxvi. 5. 

The part next the arena was called Podium, where the senators 
sat, and the ambassadors of foreign nations ; and where also was the 
p'ace of the emperor, (SuguestuSj vel -um,) elevated like a pulpit 
or tribunal. Suet. Jul. 76. Plin. Paneg. 51. and covered with a ca- 
nopy like a pavilion, (CuBjc:uLuw ye\ papilio, Suet. Ner. 12.) like- 

* There arc Ampliitlieatres slill standing, in various degrees of perfection, at se- 
veral other p!ai;es liesides Rome. At l^ola in Isira, at Nismes. at Aries, Bordeaux, 
and particularly at Verona. 'J hat at P<ilit consi.Ms of two rows of Tvscnn piMars, 
one (.ver the u\\wv, and is very entire ; the lower having f)edestais, which is extra- 
ordinary ; this order havin>; scarce ever more ilian has s to snpport the pillars. That 
at Virova is in the be>t preservaii.)n : for lliongh most of the large and best stones of 
the outside are picked out, yet the great \aiiit, on which the rows of the jeats are 
laid, is entire, as are the rows, which are ^^^4 in numher. Each row is 1^ foot high, 
and as much in- breadth, so that a man sits conveniently in them, and allowing for a 
seal a fool and a half, the whole will hold 2*2,t.0() [)ersoiiS. 

Mr. Bryhne, Vol. i. p. 215. mentions an Amphitheatre at Sijrnciise, the theatre of 
which is so entire, that the '^radini for seats still remain ; but it is small in cooipari- 
soa with the others* 



ROMAN GAMES. 295 

wise of the persons who exhibited the games, {Editoris Tribunal,) 
and of the Vestal Virgins, Smt. /htg. 44. 

The Podium projected over the wail which surrounded the arena, 
and was raised between twelve and fifteen feet above it ; secured 
with a breast-work or parapet (lorlcd) against the irruption of wild 
beasts. As a further defence, the arena was surrounded with an 
iron railing, {ferreis clathrls,) and a canal, (euripo,) Plin. viii. 7. 

The EguUes sat in fourteen rows behind the senators. The seats 
(gradus vel sed'dia) of both were covered with cushions, {puhillis^) 
Juvenal, iii. 152, first used in the time of Caligula, Dio. lix. 7. The 
rest of the people sat behind on the bare stone, and their seats were 
called PoFULARiA, Suet. Claud. 25. Dom. 4. The entrance to these 
seats were called Vomitoria ; the passages (r?*te) by which they as- 
cended to the seats were called Scales or Sculoria, and the seats be- 
tween the two passages were, from their form, called Cunetift, a 
wedge, Juvenal, vi. 61. Suet. Aug. 44. For, like the section of a 
circle, this space gradually widened from the arena to the top. 
Hence Cuneis innotuit res omnibus, to all the spectators, Phftdr. v. 
7.35. 

Sometimes a particular place was publicly granted to certain per- 
sons by way of honour, Cic. Phil. ix. 7. and the Editor seems to have 
been allowed to assign a more honourable seat to any person he in- 
clined, Cic. All. ii. 1. 

There were certain persons called Dessgnatorks, or Dissigna- 
tores, masters of ceremonies, who assigned to every one his proper 
place, Plaut. Piznul. prolong. 19. Cic. Aft. ix. 3. as undertakers did 
at funerals, Horaf. Epist. i. 7. 6. and when they removed any one 
from his place, they were said eum exciiare vel suscitare, Martial, 
iii. 95. v. 14. vi. 9. The Designatores are thought by some to have 
been the same with what were called Locarii, {quia sedes vel spec- 
taenia locabant.) But these, according to others, properly were 
poor people, w^ho came early and took possession of a seat, which 
they afterwards parted with to some rich person who came late, for 
hire. Martial, v. 25. 

Anciently women were not allowed to see the gladiators, without 
the permission of those in whose power they were, Vale.r. Max. vi. 
3. 12. But afterwards this restriction was removed. Augustus as- 
signed them a particular place in the highest seats of the amphithea- 
tre. Suet. Aug. 44. Ovid. Amor. ii. 7. 3. 

There were in the amphitheatres secret tubes, from which the 
spectators were besprinkled with perfumes, {croco diluto aut aliis 
fragrantihns ligunrihus,) Martial, v. 26. & de spect. 3. issuing from 
certain figures (signa,) Lucan, ix. 808. and in rain or excessive 
heat, there were coverings ('dp/g? vel velaria) to draw over them, 
Juvenal, iv. 122. For which purpose there were holes in the top 
of the outer wall, in which poles were fixed to support them. But 
when the wind did not permit these coverings to be spread, they 
used broad-brimmed hats or caps {causice vel pilei) and umbrellas, 
Dio. lix. 7. Martial, xiv. 27. 28. 

By secret springs, certain wooden machines, called PEGMATA,vel 



296 ROMAN ANTIQUITIES. 

-m<E, were raised to a great height, to appearance spontaneously, and 
elevated or depressed, diminished or enlarged, at pleasure, Martial, 
Sped. ii. 16. viii. 33. Scner. Episf. 88. Svei. Claud. 34. Gladiators 
were sometimes set on them, hence called Pe^mares, Suet. Ca!. 26. 
and boys (et pueros inde ad velaria rapfos,) Juvenal, iv. [''2''2. But 
pegmata is put by Cicero for the shelves, {pro locvlis) in which books 
were kept, yJlt. iv. 8. 

Nigh to the amphitheatre was a place called SpoLiARiuM,to which 
those who were killed or mortally wounded were dragged by a hook, 
(unco trahebaniur,) Plin. Paneg. 36. Senec. Epist. 93. Lamprid. in 
Commod. fin. 

On the day of the exhibition the gladiators were led along the 
arena in procession. Then they were matched by pairs, (parm in- 
ter se compone.bantur vel comparabanlur,) Horat. Sat. I. vii. 20. and 
their swords were examined {explorabaniur) by the exhibitor of the 
games, Suet. Tit. 9. 

The gladiators, as a prelude to the battle, {prosludenies vel prolu- 
denies, at first fought with wooden swords or the like, flourishing {veyi- 
iilantes) their arms with great dexterity, Cic. de Oral. ii. 78. Senec, 
Ep. 117. Ovid, de Art. Am, iii. 515. 589. Then upon a signal 
given with a trumpet, {sonabant fe.rali clangore tubm,) they laid aside 
these, (arma lusoria, vedes vel giadios hebetes poneoant v. ahjiciehant,) 
and assumed their proper amis {arma pugnaloria vel dtcretorm, i. 
e. gladios acutos sumebant,) Quinctilian. 10. 5. 20 ; & Suet. Cal. 
54. They adjusted themselves {se ad pugnam componebant, Gell. 
vii. 3.) with great care, and stood in a particular posture, (in slaluvel 
gradu stabant,) Plant. Mil. iv. 9. 12. Hence moveri, dejici, vel de^ 
turbari de staturaentis ; depelli, dejici, vel demoxeri gradu, &c. Cic, 
Off. i. 23. Alt. xvi. 15. J^'ep. Themist. 5. Liv. vi. 32. Then they 
pushed atone another {petebant) and repeated the thrust (repetebant,) 
Suet. Cal. 58. They not only pushed with the point, {/.unctim,) but 
also struck with the edge, {ccBsim.) It was more easy to parry or 
avoid {cavere, propuhare, exire, effugere, excedere, elvdere.) direct 
thrusts, {ictus adversos, et recias ac simplices manus,) than back or 
side strokes, (manus vel pttitiones avcrsas tectasque,) Quinctilian. v. 
13. 54. ix. 1. 20. Virg. ix. 439. Cic. Cat. i. 6. They therefore 
took particular care to defend their side, (latus tegere ;) hence latere 
tecto abscedere, to get off' safe, Ter. Heaut. iv. 2. 5. Per allerius la- 
tus peiif Cic. Vat. 5. Latus ape.rtum vel nudum dare, to expose one's 
self to danger. Tibull. i. 4. 46. Some gladiators had the faculty of 
not winking. Two such belonging to the Emperor Claudius were 
on that account invincible, Plin. xi. 37. s. 54. Senec. de Jr. ii. 4. 

When any gladiator was wounded, the people exclaimed, Habet, 
sc. vulnus,\e\ hoc habet, he has got it. The gladiator lowered {sub- 
mittebat) his arms as a sign of his being vanquished ; but his fate de- 
pended on the pleasure of the people, who, if they wished him to be 
saved, pressed down ihexr ihnmhs, (pollicempremebant,) Horat. Ep. 
i. 18. 66. if to be slain, they turned up their thumbs, {pollicem ver- 
tebant, Juvenal, iii. 36. (hence laudare utroque pollice, i. e. valde, 
Herat. Ep. i. 18, 66. Plin. 28. 2. .?. 5.) and ordered him to receive 



ROMAN GAMES. S97 

the sword (ferrum recipere,) which gladiators usually submitted to 
with amazing fortitude, Cic. Sext, 37. Ttcsc. ii. 17. ML 34. Senec. 
Ep, 7. «& 177. de Tranquil, ^nimi, c. IL Const. Sap. 16. Some- 
times a gladiator was rescued by the entrance of the emperor, Ovid, 
de Pont. ii. 8. 53. or by the will of the Editor. 

The rewards given to the victors were a palm, Martial, de Sped. 
32. Hence plurimarwn pahnarum gladiator, who had frequently 
conquered ; Cic. Rose. Am. 6. Alias suas palmas cognoscet, i. e. 
ccedes, ibid. 30. Palma lemniscata, a palm crown, with ribands 
(lemnisci) of different colours hanging from it, ibid. 35. Festus. Sex- 
ia palma urbana etiam in Gladiatore difficilis, Cic. Phil. xi. 5. — mo- 
ney. Suet. Claud. 21. Juvenal, vii. ult. and a rod or wooden sword, 
(rudis,) as a sign of their being discharged from fighting ; which was 
granted by the Editor, at the desire of the people, to an old gladia- 
tor, or even to a novice for some uncommon act of courage. Those 
who received it (rude donati) were called Rudiarii, and fixed their 
arms in the temple of Hercules, Horat. Ep. i. 1. Ovid. Trist. iv. 8. 
24. But they were afterwards sometimes induced by great hire 
(ingente auctoramento) again to engage, Suet. Tib. 7. Those who 
were dismissed on account of age or weakness, were said delusisse, 
Plin. XXX vi. 27. 

The spectators expressed the same eagerness by betting (sponsio- 
nibus) on the different gladiators, as in the Circus, Suet, Tib. 8. Do- 
mit. 10. Martial, ix. 68. 

Till the year 693, the people used to remain all day at an exhibi- 
tion of gladiators without intermission till it was finished ; but then, 
for the first time, they were dismissed to take dinner, Dio. xxxvii^ 
46. which custom was afterwards observed at all the spectacles ex- 
hibited by the emperors, ibid, et Suet. Horace calls intermissions 
given to gladiators in the time of fighting, or a delay of the combat, 
DiLUDiA, -orum, Ep. i. 19. 47. & Scholiast, in loe. 

* Shows of gladiators, {cruenia spectacula,) were prohibited by 

* The shows of gladiators will, as long as history remains, continue (o be consi- 
•derexl as a most barbarous, cruel, and inhuman practice; and disgraceful to those who 
encouraged or permitted it. The diversion, as it was called, was borrowed from the 
Asiatics ; and that it was practised under those monsters of cruelty, Nero and Domi- 
tian^ is no matter of wonder; but that it should have been pursued both in the East 
and Westy even after the prohibition of the Christian Emperors, discovers such depth 
of depravity, as would appear incredible, were not the Irulh of it supported by indis- 
putable facts. Though Honorius, as mentioned in the text, had prohibited these 
j-hows on the occasion of the death of Telemachus, who, on his return from the East 
to Rome, at the time of one of these spectacles, had gone down into the Arena, and 
used all his endeavours to prevent the gladiators from continuing their combats; and 
■who was stoned to death by the enraged spectators, forhis humane interference : ytt 
the detestable practice was not entirely abolished in the West before Theodoric, king 
of the Ostrogoths. 

The gladiators, about the year of the city 680, under the conduct of Spartacus, Cri- 
WM5, and Oenomaus, maintained for a short time a war against the Roman people. 
These men having escaped, with other gladiators, to the number of 74, out of the 
place where they had been kept at Capua, gathered together a body of slaves, pat 
themselves at their head, rendered themselves masters of all Campania, and gained 
several victories over the Romart l*r^tors. They were at length defeated in the year 
422, at the extremity of Italy ; having in vain endeavoured to pnos over into Sicily. E. 

38 



298 ROMAN ANTIQUITIES. 

Constantine, Cod. xi. 43. but not entirely suppressed till the time 
of Honorius, Prudent, contra Symmach. ii. 11. 21. 

III. DRJIMATIC ENTERTAINMENTS. 

Dramatic entertainments, or stage-plays {ludi scenici,) were first 
introduced at Rome, on account of a pestilence, to appease the di- 
vine wrath, A. U. 391. Liv. vii. 2. Before that time there had only 
been the games of the Circus. They were called LUDI SCENICI, 
because they were first acted in a shade, (Cx<a, umbra,) formed by 
the branches and leaves of trees, Ovid, de Art. Am. i. 105. Serv. in 
Virg. Mn. i. 164. or in a tent, (tfxyiv*], tabernaculum :) Hence after- 
wards the front of the theatre, where the actors stood, was called 
ScENA, and the actors SCENICI, Suet. Tib. 34. Cic. Plane. 11. 
Verr. iii. 79. or Scenici Artifices, Suet. Cces. 84. 

Stage-plays were borrowed from Etruria ; whence players {lu- 
diones) were called Histriones, from a Tuscan word, hister, i. e. 
hidio ; for players also were sent for from that country, Liv. vii. 2. 

These Tuscans did nothing at first but dance to a flute, {ad tibivi- 
nis modos,) without any verse or corresponding action. They did not 
speak, because the Romans did not understand their language, ibid. 

The Roman youth began to imitate them at solemn festivals, es- 
pecially at harvest-home, throwing out raillery against one another 
in unpolished verse, with gestures adapted to the sense. These ver- 
ses were called Versus Fescennini, from Fescennia, or -?'?^m, a city 
of Etruria, Horat. Epist. II. i. 145. 

Afterwards, by frequent use, the entertainment was improved, 
(scepius usurpando res excitaia est,) and a new kind of dramatic com- 
position was contrived, called SATYRiE or SATURiE, Satires, be- 
cause they were filled with various matter, and written in various 
kinds of verse, in allusion to what was called Lanx Satura, a plat- 
ter or charger filled with various kinds of fruits, which they yearly 
offered to the gods at their festivals, as the Primitice, or first gather- 
ings of the season. Some derive the name from the petulence of 
the Satyrs. 

These satires were set to music, and repeated with suitable ges- 
tures, accompanied with the flute and dancing. They had every 
tlung that was agreeable in the Fescennine verses, without their ob- 
scenity. They contained much ridicule and smart repartee ; whence 
those poems afterwards written to expose vice got the name of sa- 
tires ; as, the satires of Horace, of Juvenal, and of Persius. 

It was LIVIUS ANDRONICUS, the freed-man of M. Livius Sa- 
linator, and the preceptor of his sons, who, giving up satires, {absatu- 
ris, i. e. saturis relictis,) first ventured to write a regular play, (ar- 
gumento fabulam serere,) A. U. 512, some say, 514; the year before 
Ennius was born, Cic. Brut. 18. above 160 years after the death of 
Sophocles and Euripides, and about fifty-two years after that of Me- 
nander, Cell. xvii. 21. 

He was the actor of his own compositions, as all then were. — Be- 
ing obliged by the audience frequently to repeat the same part, and 
thus becoming hoarse, {quum vocem obtudisset,) he asked permission 



DRAMATIC ENTERTAINMENTS. 299 

to employ a boy to sing to the flute, whilst he acted what was sung 
{canticum agehat,) which he did with the greater animation, as he 
was not hindered by using his voice. Hence actors used always to 
have a person at hand to sing to them, and the colloquial parts (</i- 
verbia) only was left them to repeat, Liv. vii. 2. It appears there 
was commonly a song at the end of every act, Plaut. Pseud, ii. ult. 

Plays were afterwards greatly improved at Rome from the model 
of the Greeks, by N^vius, Ennius, Plautus, C^cilius, Terence, 
Afranius, Pacuvius, Accius, &c. 

After playing was gradually converted into an art, (Indus m artem 
paulatim verterat,) the Roman youth, leaving regular plays to be act- 
ed by professed players, reserved to themselves the acting of ludi- 
crous pieces or farces, interlarded with much ribaldry and buffoon- 
ery, called EXODIA, Juvenal, iii. 175. vi. 71. Suet. Tib. 45. Domit. 
10. because they were usually introduced after the play, (when the 
players and musicians had left the stage,) to remove the painful im- 
pressions of tragic scenes, Scholiast, in Juvenal, iii. 175. or Fabel- 
hm. Atellan^, Liv. vii. 2. or, Ludi Osci, Cic. Fam. vii. 1. Ludi- 
CRUM OscuM, Tacit. Annal. iv. 14. from Atella, a town of the Osci 
in Campania, where they were first invented and very much used. 

The actors of these farces {Atellani vel JJtellanarum adores,) re- 
tained the rights of citizens, {non tribu moti sunt,) and might serve in 
the army, which was not the case with common actors, who were 
not respected among the Romans, as among the Greeks, but were 
held infamous, Ulpian. I. 2. § 5. D. de his qui not. infam, — JVep, 
Prcefat. Suet. Tib. 35. 

Dramatic entertainments, in their improved state, were chiefly of 
three kinds. Comedy, Tragedy, and Pantomimes. 

1. Comedy, (COMCEDIA, quasi ycuii^vg wtJ*?, the song of the village,) 
was a representation of common life, {quotidians vit(z speculum^ 
written in a familiar style, and usually with a happy issue. The de- 
sign of it was to expose rice and folly to ridicule. 

Comedy, among the Greeks, was divided into old, middle, and 
new. In the first, real characters and names were represented ; in 
the second, real characters, but fictitious names ; and in the third, 
both fictitious characters and names. Eupolis, Cratijius, and Aris- 
tophanes excelled in old comedy, and Menander in the new, /fo- 
rat. Sat. i. 4. Epist. ii. 1. 57. Quinctilian, x. 1. Nothing was ever 
known at Rome but the new comedy. 

The Roman comic writers, Nsevius, Afranius, Plautus, Caecilius, 
and Terence, copied from the Greek, chiefly from MENANDER, 
who is esteemed the best writer of comedies that ever existed, Quinc- 
iilian. x. 1. but only a few fragments of his works now remain. 
We may, however, judge of his excellence from Terence, his princi- 
pal imitator. 

Comedies, among the Romans, were distinguished by the charac- 
ter and dress of the persons introduced on the stage. Thus come- 
dies w^ere called Togat^e, in which the characters and dress were 
Roman, from the Roman toga, Juvenal, i. 3. Herat. Art. Poet. 288. 
so carmen togatum, a poem about Roman aflfairs, Stat, Silv, ii. 7. 53. 



300 ROMAN ANTIQUITIES. 

Pr«tkxtat-« vel PruetextcB^ when magistrates and persons of digni* 
ty were introduced ; but some take these for tragedies, ibid, Tra- 
BEAT.'E, when generals and officers were introduced, Suet. Gramnu 
21. Tabern ARL^t:, when the characters were of low rank, Horat. Jlrt^ 
Poet. 225. Palli \TiE, when the characters were Grecian, from palli- 
um, the robe of the Greeks. Motoric, when there were a great many 
striking incidents, much action, and passionate expressions. Sta- 
TARiiE^ when there was not much bustle or stir, and little or nothing 
to agitate the passions ; and Mixt^, when some parts were gentle 
and quiet, and others the contrary, Terent. Heaut. prol. 36. Donat. 
in Terent. Cic. Brut. 116. The representations of the Atellani were 
called Commciicz AtellancZi 

The actors of Comedy wore a low-heeled shoe, called Soccus. 

Those who wrote a play, were said docere vel facere fabulam / 
if it was approved, it was said stare, stare recto talo, placere, &c. if 
not, cadere, exi^^i, exsihilari, &c. 

IL TRAGEDY is the representation of sonie one serious and im- 
portant action, in which illustrious persons are introduced, as he- 
roes, kings, &c. written in an elevated style, and generally with an 
unhappy issue. The great end of tragedy was to excite the pas- 
sions, chiefly pity and horror ; to inspire the love of virtue, and an 
abhorrence of vice, Cic. de Orat. i. 51. It had its name, accord- 
ing to Horace, from r^ayoc-, a goat, and wJrj, a song ; because a goat 
was the prize of the person who produced the best poem, or was the 
best actor, cU Art. Poet. 220. to which Virgil alludes, Eel. iii. 22. 
according to others, because such a poem was acted at the festival 
of Bacchus after vintage, to whom ngoat was then sacrificed, as be- 
ing the destroyer of the vines ; and therefore it was called, 'r^ay^Sia, 
thegoaCs song. (Primi ludi theatrales ex Liheralibus naii sunt, 
from the feasts of Bacchus, Sei-v. ad Virg. G. ii. 38 L) 

THE8P1S, a native of Attica, is said to have been the inventor 
of tragedy, about 536 years before Christ. He w'ent about with his 
actors from village to village, in a cart, on which a temporary stage 
was erected, where they played and sang, having their faces be- 
smeared with the lees of wine, [peruncli fiecibus ora,) Horat. de Art. 
Poet. 275. whence, according to some, the name of Tragedy, (from 
T^v^, -u/of, new wine not refined, or the lees of wine, and ojSos, a sing- 
er ; hence T^u^wrJ/^^, a singer thus besmeared, who threw out scoffs 
and raillery against people.) 

Thespis was contemporary with Solon, who was a great enemy to 
his dramatic representations, Plutarch, in Solone. 

Thespis was succeeded by iEschylus, who erected a permanent 
stage, (modicis instravit pulpita, tignis,) and was the inventor of the 
mask, (persona,) of the long flowing robe, {palla, stola, vel syrma,) 
and of the high-heeled shoe or buskin, {cothurnus,) which tragedians 
wore ; whence these words are put for a tragic style, or for tragedy 
itself, Virg. Ed. viii. 10. Juvenal, viii. 229. xv. 30. Martial, iii. 20. 
iv. 49. V. 5. viii. 3. Horat. Od. ii. 1. 12. as soccus is put for a co- 
medy or familiar style, Id. Episf, ii. 174. Art. Pod, 80. 90. JVec 



DRAMATIC ENTERTAINMENTS. SOI 

rommdia in coihurnos assurgit^ nee contra tragadia socco ingreditur,) 
Quinctilian, x. 2. 22. 

As the ancients did not wear breeches, the players always wore 
under the tunic a girdle or covering, (Subligaculum vel Subligar 
verecundice cans(\) Cic. Off. i. 35. Juvenal, vi. 60. Martial iii. 87. 

After iEschylus, followed Sophocles and Euripides, who brought 
tragedy to the highest perfection. In their time comedy began first 
to be considered as a distinct composition from tragedy ; but at 
Rome comedy was long cultivated, before any attempt was made to 
compose tragedies. Nor have we any Roman tragedies extant, ex- 
cept a few which bear the name of Seneca. Nothing remains of the 
works of Ennius, Pacuvius, Accius, &c. but a few fragments. 

Every regular play, at least among the Romans, was divided in- 
to five acts, Horat. Art. Poet. 189. the subdivision into scenes is 
thought to be a modern invention. 

Between the acts of a tragedy were introduced a number of sing- 
ers called the CHORUS, Horat. de Art. Poet. 193. who indeed ap- 
pear to have been always present on the stage. The chief of them, 
who spoke for the rest, was called Choragm or Coryphaeus. But 
Choragus is usually put for the person who furnished the dresses, 
and took care of all the apparatus of the stage, Plant. Pers. i. 3. 79. 
Trinumm. iv. 2. 16. Suet. Aug. 70. and choragium for the appara- 
tus itself, (insirumentum scenai'um, Fest.) Plaut. Capt. prol. 61.PIin. 
xxxvi. 15. choragia for choragi, Vitruv. v. 9. hence falsce choragium 
glorioi, comparetur, their dress may be compared to false glory, Cic. 
ad Herenn. iv. 50. 

The Chorus was introduced in the ancient comedy, as we see from 
Aristophanes ; but when its excessive licence was suppressed by law, 
the Chorus likewise was silenced, Horat. Art. Poet. 283. A Cho- 
ragus appears and makes a s^peech, Plaut. Cure. iv. 1. 

The music chiefly used was that of the flute, which at first was 
small and simple, and of few holes, Horat. Art. Poet. 202. but after- 
wards it was bound with brass, had more notes and a louder sound. 

Some flutes were double, of various forms. Those most frequent- 
ly mentioned, are the Tibice dextrcB and sinistnt, pares and impares, 
which have occasioned much disputation among critics, and still ap- 
pear not to be sufficiently ascertained. The most probable opinion 
is, that the double flute consisted of two tubes, which were so joined 
together as to have but one mouth, and so were both blown at once. 
That which the musician played on with his right hand was called 
tibia dextra, the right-handed flute ; with his left, tibia sinistra^ the 
left-handed flute. The latter had but few holes, and sounded a deep 
serious bass ; the other had more holes, and a sharper and more 
lively tone. Plin. 16. 36. s. 66. Varr. R. R. 1. 2. 15. When two 
riight or left-handed flutes were joined together, they were called ii- 
hicB pares dextrce, or tibia pares sinistra. The flutes of different sorts 
were called tibice impares, or iibi(B dextra et sinistra^,. The right- 
handed flutes were the same with what were called the Lydian 
fl«te«, (TOjcc Lydice,) and the left-handed with the Tyrian flutes, 



3Qt^ ROMAN ANTIQUITIES. 

(Tibia Ti/rice or Sar ranee, vel Serrance.) Hence Virgil, Bi/brem dat 
tibia cantum, i. e. bisonum, imparem, iEn. ix. 618. Sometimes the 
flute was crooked, Virg. Mn. vii. 737. Ovid. Met. iii. 532. and is then 
called Tibia Phrygia or cornUf Id. de Pont. I. i. 39. Fast. iv. 181. 

III. PANTOMIMES were representations by dumb show, in 
which the actors, who were called by the same name with their per- 
formances, {Mimi vel Pantomini,) expressed every thing by their 
dancing and gestures without speaking, [loquaci manu ; hence called 
also Chironomi,) Juvenal, xiii. 110. vi. 63. Ovid. Trist. ii. 515. 
Martial, iii. 86. Horat. i. 18. 13. ii. 2. 125. Manil. v. 474. Suet. 
Ner. 54. But Pantomimi is always put for the actors, who were like- 
wise called Planipedes, because they were without shoes, {excalceati,) 
Senec. Epist. 8. Quinctihan. v. II. Juvenal, viii. 191. Gell. i. II. 
They wore, however, a kind of wood or iron sandals, called Sca- 
BiLLA or Scabella, which made a rattling noise when they danced, 
Cic, CcbL 27. Suet. CaL 54. 

The Pantomimes are said to have been the invention of Augustus ; 
for before his time the Mimi both spoke and acted. 

MIMUS is put both for the actor and for what he acted, Cic. CceL 
27. Verr. iii. 36. Rabir. Post. 12. Phil, ii, 27. not only on the 
stage, but elsewhere. Suet. Cces. 39. Ker. 4. 0th. 3. Calig. 45. Aug, 
45. 100. Sen. Ep. 80. Juvenal, viii. 108. 

The most celebrated composers of mimical performances or far- 
ces, (mimographi,) were Laberius and Publius Syrus, in the time of 
Julius Caesar, Suet. Jul. 39. Horat. Sat. i. 10. 6. Gell. xvii. 14. 
The most famous Pantomimes under Augustus were Pylades, 
and Bathyllus, the favourite of Maecenas, Tacit. Annal. i. 54. He 
is called by the Scholiast on Persius, v. 123. his freedman, {libertus 
McRcenatis ,*) and by Juvenal, mollis, vi. 63. Between them there 
was a constant emulation. Pylades being once reproved by Augus- 
tus on this account, replied, " It is expedient for you, that 
the attention of the people should be engaged about us." Pylades 
was the great favourite of the public. He was once banished by 
the power of the opposite party, but soon after restored, Dio. liv. 
17. Macrob. Sat. ii. 7. The factions of the different players, Se- 
nec. Ep. 47. J^at. Q. vii. 22. Petron. 5. sometimes carried their 
discords to such a length, that they terminated in bloodshed, Suet. 
Tib. 37. 

The Romans had rope dancers (Funambult, Schcenobdtce vel JSfeu- 
robdtcd) who used to be introduced in the time of the play, Ter. Hec. 
Prol. 4. 34. Juvenal, iii. 77. and persons who seemed to fly in the 
air, (PETAURisTiE,) who darted (jactabant vel excutiebant) their bo- 
dies from a machine called Petaurum, vel -us, Festus. Juvenal, xiv. 
265. Manil. iii. 438. Martial, ii. 86 ; also interludes or musical en- 
tertainments, called Embolia, Cic. Sexi. 54. or acroamata ; but this 
last word is usually put for the actors, musicians, or repeaters them- 
selves, who were also employed at private entertainments, Cic. ibid. 
Verr. iv. 22. Arch. 9. Suet. Aug. 74. Macrob. Sat. ii. 4. JWjo. Att. 14. 

The plays were often interrupted likewise by the people calling 
jout for various shows to be exhibited ; as, the representation of bat- 



DRAMATIC ENTERTAINMENTS. 303 

lies, triumphal processions, gladiators, uncommon animals, and wild 
beasts, &c. The noise which the people made on the occasions, is 
compared by Horace to the raging of the sea, Epist. II. i. 185. &e. 
In like manner, their approbation, (plausus^) and disapprobation, (si- 
biluSf strepitus^ fremitus, clamor tonitruum, Cic. Fam. viii. 2. fistula 
pastoritia, Att. 16.) which at all times were so much regarded, Cic. 
Pis. 27. Sext. 54. 55. 56. &c. Horat. Od. I 20. ii. 17. 

Those who acted the principal part of a play, were called Adores 
primarum partium ; the second, secundarum partiiim ; the third, tei'ti- 
arumy &;c. Ter. Phorm. prol. 28. Cic. in Cajcil. 15. & Ascon. in loc. 
The actors were applauded or hissed, as they performed their 
parts, or pleased or displeased the spectators, Quiiictilian, vi. 1. Cic. 
Rose. Com. 2. Jtt. i. 3. 16. When the play was ended, an actor al- 
ways said, Plaudite, Terent. <S^c. 

Those actors who were most approved, received crowns, &;c. as 
at other games ; at first composed of leaves or flowers, tied round 
the head with strings, called Struppi, strophia, v. -^^/fl!, Festus, Plin. 
xxi. 1. afterwards of thin plates of brass gilt, (e lamina cerea te- 
nui inaurata aut itiargentata,) called Corolla or corollaria ; first 
made by Crassus of gold and silver, Plin. xxi. 2. 3. Hence CORO- 
LIARIUM, a reward given to players over and above their just hire, 
(additum prcetor quam quod debitum est,) Varro. de Lat. Ling. iv. 
36. Plin. Ep. vii. 24. Cic. Verr. iii. 79. iv. 22. Suet. Aug. 45. or 
any thing given above what was promised, Cic. Verr. iii. 50. Plin. 
ix. 35. s. 57. The Emperor M. Antonius ordained that players 
should receive from five to ten gold pieces, {aurei,) but not more, 
Capitolin. 11. 

The place w^here dramatic representations were exhibited, was 
called THEATRUM, a theatre, (a ^saofxai, video.) In ancient times 
the people viewed the entertainments standing ; hence stantes for 
spectators, Cic. Amic. 7. and, A. U. 599, a decree of the senate was 
made, prohibiting any one to make seats for that purpose in the city, 
or within a mile of it. At the same time a theatre, which was build- 
ing, was, by the appointment of the censors, ordered to be pulled 
down, as a thing hurtful to good morals, (nociturum publicis moribus,) 
Liv. Epit. xlviii. Valer. Max. ii. 4. 3. 

Afterwards temporary theatres were occasionally erected. The 
most splendid was that of M. ^Emilius Scaurus, when sedile, which 
contained 80,000 persons, and was adorned with amazing magnifi- 
cence, and at an incredible expense, Plin. xxxvi. 15. s. 24. 8. 

Curio, the partisan of Caesar, at the funeral exhibition in honour 
of his father, {funebri patris munere,) made two large theatres of 
wood, adjoining to one another, suspended, each, on hinges, (cardi- 
num singulorum versatili swpensa librameyito,) and looking opposite 
ways, {inter se aversa,) so that the scenes should not disturb each 
other by their noise, {ne invicem obstreperent j) in both of which he 
acted stage-plays in the former part of the day ; then having sud- 
denly wheeled them round, so that they stood over against one an- 
other, and thus formed an amphitheatre, he exhibited shows of gla- 
diators in the afternoon, Plin. xxxvi. 15. 



304 ROMAN ANTIQUITIES. 

Pompey first reared a theatre of hewn stone in his second consul- 
ship, which contained 40,000 ; but that he might not incur the ani- 
madversion of the censors, he dedicated it as a temple to Venus, 
Svet. Claud. 21. Terlullian. de Sped. 10. Plin. viii. 7. Dio. xxxix. 
3S. Tacit, xiv. 19. There were afterwards several theatres, and 
in particular those of Marcellus, Dio. xliii. 49. and of Balbus, near 
that of Pompey, Ovid. Trist. iii. 12. 13. Amor. ii. 7. 3. hence called 
tria theatra, ,the three theatres. Suet. Aug. 45. Ovid. Art. iii. 394. 
Trist. iii. 12. 24. 

Theatres at first were open at top, and, in excessive heat or rain, 
coverings were drawn over them, as over the amphitheatre, Plin, 
xix. 1. s. 6. xxxvi. 15. s. 24. Lucret. iv. 73. but in later times they 
were roofed, Stat. Sylv. iii. 5. 91. 

Among the Greeks, public assemblies were held in the theatre, 
Cic. Place. 7. Tacit, ii. 80. Senec. Epist. 108. And among the Ro- 
mans it was usual to scourge malefactors on the stage, Suet. Aug. 
47. This the Greeks called ©sar^j^s/v et 'ffa^aSeiy^an^siv. 

The theatre was of an oblong semicircular form, like the half of 
an amphitheatre, Plin. xxxvi. 16. The benches or seats (gradus 
vel cunei) rose above one another, and were distributed to the differ- 
ent orders in the same manner as in the amphitheatre. The fore- 
most rows next the stage, called Orchestra, were assigned to the se- 
nators and ambassadors of foreign states ; fourteen rows behind them 
to the eguites, and the rest to the people. Suet. Aug. 44. The whole 
was called CAVEA. The foremost rows were called Cavea prima, 
or ima ; the last, cavea ultima or summa, Cic. Senect. 14. The mid- 
dle, cavea media, Suet. ibid. 

The parts of the theatre allotted to the performers, were called 
Scena Postscenium, Proscenium. Pulpitum, and Orchestra. 

1. SCENA, the scene, was adorned with columns, statues, and 
pictures of various kinds, according to the nature of the plays exhi- 
bited, Vitruv. V. 8. to which Virgil alludes, Mln. i. 166. 432. The 
ornaments were sometimes inconceivably magnificent, Valer. Max. 
ii. 4. 6. Plin. xxxvi. 15. s. 24. 

When the scene was suddenly changed by certain machines, it 
was called Scex\a Versatilis ; when it was drawn aside, Scena 
DUCTiLis, Serv. ad Virg. G. iii. 24. 

The scenery was concealed by a curtain, (AUL^EUM vel Sipa- 
rium, oftener plural -a,) which, contrary to the modern custom, was 
dropt ( premebatur) or drawn down, as among us the blinds of a car- 
riage, when the play began, and raised (tollebatur) or drawn up, 
when the play was over ; sometimes also between the acts, Horat. 
Ep. ii. 1. 189. Art. Poet. 154. Ovid. Met. iii. 111. Juvenal, vi. 166. 
The machine by which this was done was called Exostra, Cic. prov. 
Cons. 6. Curtains and hangings of tapestry were also used in pri- 
vate houses, Virg. Mn. i. 701. Horat. Od. iii. 29. 15. Sat. ii. 8. 5>4. 
called Aulcea Attalica, because said to have been first invented at 
the court of Attalus, king of Pergamus, in Asia Minor, Propert. ii. 
23. 46. Serv. in Virg. JEn. i. 701. 

% POSTCENIUM, the place behind the scene, where the actors 



LEVYING OF SOLDIERS. 305 

dressed and undressed ; and where those things were supposed to be 
done, which could not with propriety be exhibited on the stage, 
Horat.de Art. P. 182. LucreA, iv. 1178. 

3. PROSCENIUM, the place before the scene, where the actors 
appeared. 

The place where the actors recited their parts was called PUL- 
PITUM ; and the place where they danced, ORCHESTRA, which 
was about five feet lower than the Pulpitum, Vitruv. v. 6. Hence 
Ludibria scend et pulpito digna, buffooneries fit only for the stage, 
Plin. Ep. iv. 25. 

MILITARY AFFAIRS of the ROMANS. 
I. LEVYIKG of SOLDIERS. 

The Romans were a nation of warriors. Eveiy citizen was ob- 
liged to enlist as a soldier when the public service required, from 
the ag^e of seventeen to forty-six ; nor at first could any one enjoy 
an office in the city who had not served ten campaigns, Polyb. vi. 
17. Every foot soldier was obliged to serve tw^enty campaigns, and 
every horseman ten. At first, none of the lowest class was enlisted 
as soldiers, nor freedmen, unless in dangerous junctures, Liv. x. 2L 
xxii. 11. 57. But this was afterwards altered by Marius, SW/ms/. 
Jug. 88. GelL xvi. 10. 

The Romans, during the existence of the republic, were almost 
always engaged in wars ; first, with the different states of Italy, for 
near 500 years, and then for about 200 years more in subduing the 
various countries which composed that immense empire. 

The Romans never carried on any war, without solemnly pro- 
claiming it. This was done by a set of priests called Feciales. 

When the Romans thought themselves injured by any nation, they 
sent one or more of these Feciales to demand redress, [ad res repe^ 
tendas,) Liv. iv. 30. xxxviii. 45. Varr. L. L. iv. 15. Dionys. ii. 
72. and, if it was not immediately given, thirty-three days were 
granted to consider the matter, after which, war might be justly de- 
clared. Then the Feciales again went to their confines, and having 
thrown a bloody spear into them, formally declared war against that 
nation, Liv. i. 32. The form of w^ords, which he pronounced be- 
fore he threw the spear, was called CLARIGATIO, {a clara voce 
qua utebatur,) Serv. in Virg. ^En. ix. 52. x. 14. Plin. xxii. 2. Af- 
terwards, when the empire was enlarged, and wars carried on with 
distant nations, this ceremony was performed in a certain field near 
the city, which was called Ager Hostilis, Ovid. Fast. vi. 205. Thus 
Augustus declared war professedly against Cleopatra, but in reality 
against Antony, Die. i. 4. So Marcus Antoninus, before he set out 
to war against the Scythians, shot a bloody spear from the temple 
of Bellona into the ager hostilii-, Dio. Ixxi. 53. 

In the first ages of the republic, four legions for the most part were 
annually raised, two to each consul : for two legions composed a con- 
sular army. But often a greater number was raised, ten, Liv. ii. 30. 

39 



306 ROMAN ANTIQUITIES. 

vii. 35. eighteen, xxiv. 11. twenty, xxx. 2. twenty-one, xxvi. 28, 
xxvii. 24. twenty-three, xx. 1. xxviii. 38. Under Tiberius twenty- 
five, even in time of peace, besides the troops in Italy, arid the 
forces of the allies, Tacit. Annal. iv. 5. under Adrian thirty. Spar- 
tian. 15. In the 529lh year of the city, upon the report of a Gallic 
tumult, Italy alone is said to have armed 80,000 cavalry, and 700,000 
foot, Piin. iii. 20. s. 24. But in after times, when the lands were 
cultivated chiefly by slaves, Liv. vi. 12. it was not so easy to procure 
soldiers. Hence, after the destruction of Quintilius Varus and his 
army in Germany, A. U. 763, Augustus could not raise forces even 
to defend Italy and Rome, which he was afraid the Germans and 
Gauls would attack, without using the greatest rigour, Dio, Ivi. 23. 

The consuls, after they entered on their office, appointed a day 
{diem edicehant, vel indicehant,) on which all those who were of the 
military age should be present in the capitol, Liv. xxvi. 31. Polyb, 
vi. 17. 

On the day appointed, the consuls, seated in their curule chairs, 
held ^ levy (del ectam habehant,) by the assistance of the military or 
legionary tribunes, unless hindered by the tribunes of the commons, 
Liv. iii. 51. iv. 1. It was determined by lot in what manner the 
tribes should be called. 

The consuls ordered such as they pleased to be cited out of each 
tribe, and every one was obliged to answer to his name under a se- 
vere penalty, Liv. iii. 11. & 41. Getl. xi. 5. Valer. Max, vi. 3. 4. 
They were careful to choose (legere) those first, v*'ho had what they 
thought lucky names, {bona nornina,) as Valerius, Salvius, Slatorius, 
&c. Cic. Divin. i. 45. Festus in Voce Lacus Lucrinus. Their 
names were written down on tables ; hence scnbere, to enlist, to 
levy or raise. 

In certain wars, and under certain commanders, there was the 
greatest alacrity to enlist, {nomina dare,) Liv. x. 25. xlii. 32. but this 
was not always the case. Sometimes compulsion (co'ercitio) was re- 
quisite ; and those who refused, (refractarii, qui militiam detrec- 
tabant,) were forced to enlist [sacramento adacti) by fines and corpo- 
ral punishment, {damno et virgis,) Iav. iv. 53. vii. 4. Sometimes 
they were thrown into prison, ibid. <fe Dionys. viii. or sold as slaves, 
Cic. Ccecin. 34. Some cut off their thumbs or fingers to render 
themselves unfit for service : Hence pollice trunci, poltroons. But 
this did not screen them from punishment. Suet. Avg. 24. Valer, 
Max. vi. 3. 3. On one occasion Augustus put some of the most re- 
fractory to death, Dio. Ivi. 23. 

There were, however, several just causes of exemption from mi- 
htary service, (vacationis militicB vel a militia,) of which the chief 
were, Age, (.^tas,) if above fifty, Liv. xlii. 33. 34. Disease or in- 
firmity, {morbus vel vitium,) Suet. Aug. 24. Office, {honor,) being a 
magistrate or priest, P/w^arc/i. m Camill. vers. Jin. Favour or indul- 
gence {benejicium) granted by the senate or people, Cic, Phil. v. 19. 
de Mat. D. ii. 2. Liv. xxxix. 19. 

Those also were excused who had served out their time, (Emeri- 
ti, qui stipendia expkvissent, vel defuncti, Ovidt Amor, ii. 9. 24.) 



LEVYING OF SOLDIERS. 307 

Such as claimed this exemption, applied to the tribunes of the com- 
mons, Liv. ii. 55. who judged of the justice of their claims, {causas 
cognoscebant,) and interposed in their behalf or not, as they judged 
proper. But this was sometimes forbidden by the decree of the 
senate, Liv. xxxiv. 56. And the tribunes themselves sometimes re- 
ferred the matter to the consuls, Liv. xlii. 32. 33. &c. 

In sudden emergencies, or in dangerous wars, as a war in Italy, 
or against the Gauls, which was called TUMULTUS, (quasi timer 
multus, vel a tumeo,) Cic. Phil. v. 31. viii. I. Quinctilian. vii. 3. 
no regard was had to these excuses, {delectus sine vacalionibus habi- 
tus est,) Liv. vii. 11. 28. viii. 20. x. 21. Two flags were displayed 
{vexilla sublata vel prolata sunt,) from the capitol, the one red, {ro' 
seum,) to summon the infantry, (ad pediies evocandos,) and the other 
green, {cm-uleum,) to summon the cavalry, Serv. in Virg. j^n-, viii. 4. 

On such occasions, as there was not time to go through the usual 
forms, the consul said, Qui rempublicam salvam esse vult, me se- 
QUATUfi. This was called CONJURATIO, or evocaiio, and men 
thus raised, Conjurati, Liv. xxii. 38. C(€s, de Bell. G. vii. 1. who 
were not considered as regular soldiers, Liv. xlv. 2. 

Soldiers raised upon a sudden alarm, {in tumultu ; nam, tumultus 
nonnnnquam levior quara bellum, Liv. ii. 26.) were called Subita- 
Rii {ita repentina auxilia appellahant,) Liv. iii. 4. 30. or Tumultu- 
ARir, Liv. i. 37. xxxv. 2. not only at Rome, but also in the pro- 
vinces, ibid, &, xl. 26 ; when the sickly or infirm were forced to en- 
list, who were called Causarii, Liv. vi. 6. If slaves were found 
to have obtruded themselves into the service, {inter tirones,) they 
were sometimes punished capitally, {in eos animadversum, est,) Plin. 
Ep. X. 38. & 39. 

The cavalry were chosen from the body of the Equites, and each 
had a horse, and money to support him, given them by the public, 
Liv. i. 43. 

On extraordinary occasions, some Equites served on their own 
horses, Liv, v. 7. But that was not usually done ; nor were there, 
as some have thought, any horse in the Roman army, but from the 
Equites, till the time of Marius, who made a great alteration in the 
military system of the Romans, in this, as well as in other respects. 

After that period, the cavalry was composed not merely of Roman 
Equites, as formerly, but of horsemen raised from Italy, and the other 
provinces ; and the infantry consisted chiefly of the poorer citizens, 
or of mercenary soldiers, which is justly reckoned one of the chief 
causes of the ruin of the republic. 

After the levy was completed, one soldier was chosen to repeat 
over the words of the military oath, (qui reliquis verba sacramenti 
praniret,) and the rest swore after him, (in verba ejus jurabant.) 
Every one, as he passed along, said, Idem in me, Festus in Pr^ju- 
RATioNES, Liv. ii. 45. Polyb. vi. 19. 

The form of the oath does not seem to have been always the same. 
The substance of it was, that they would obey their commander, 
and not desert their standards, &;c. Liv. iii. 20. xxii. 38. Gell. xvi. 4. 



m ROMAN ANTIQUITIES. 

Sometimes those below seventeen were obliged to take the military 
oath, {sacramento vel -urn dicere,) Liv. xxii. 57. xxv. 5. 

Without this oath, no one could justly fight with the enemy, Cic* 
Off. i. 11. Hence sacramenta is put for a military life, Juvenal, xvi. 

35. Livy says, that it was first legally exacted in the second Punic 
war, xxii. 38. where he seems to make a distinction between the oath 
(Sacramentum) which formerly was taken voluntarily, when the 
troops were embodied, and each decuria of cavalry, and century of 
foot, swore among themselves, {inter se equites decitriati, pedites cen- 
iuriati conjurabant,) to act like good soldiers, [sesefugm ac formidu 
nis ergd non ahituros^ negve. ex ordine re.sessuros ;) and the oath, 
(jusjuRANDUM,) which was exacted by the military tribunes after 
the levy, {ex Doluntario inter ipsos fcedere a tribunis ad legitimam JU' 
risjurahdi actionem translatum.) 

On occasion of a mutiny, the military oath was taken away, Liv, 
xxviii. 29. ^ 

Under the emperors, the name of the prince was inserted in the 
rhilitary oath. Tacit, Hist. iv. 31. and this oath used to be renewed 
every year on his birth-day, Plin. Ep. x. 60. by the soldiers and the 
people in the provinces ; Id. Pan. 68. also on the kalends of Janu» 
ary, SueU Galb. 16. Tacit. Annal xvi. 22. Hist. i. 12. 

On certain occasions, persons were sent up and down the country 
to raise soldiers, called CONQUISITORES, and the force used for 
that purpose, Coercitio vel Conquisitio, a press or impress, Liv. 
xxi. 11. xxiii. 32. Cic. de Prov. Cons. 2. Att. vii. 21. Hist, de Bell, 
Alex. 2. Sometimes, particular commissioners (triumviri) were ap- 
pointed for that purpose, Liv. xxv. 5. 

Veteran soldiers, who had served out their time, (homines emeri- 
lis stipendiis,) were often induced again to enlist, and were then call- 
ed EVOCATl, Liv. xxxvii. 4. Cic. Fam. iii. 7. Cces. Bell. Civ. iii. 
53. Sallust. Jitg. 84. Dio. xlv. 12. Galba gave this name to a body 
of equites^ whom he appointed to guard his- person, Suet. Galb. 10. 
The Evocati were exempted from all the drudgery of military service, 
{cceterorum immunes, nisi propuls audi hosiis,) Tacit. Annal. i. 36. 

After Latium and the states of Italy were subdued, or admitted 
into alliance, they always furnished at least an equal number of in- 
fantry with the Romans, and the double of cavalry, Liv. viii. 8. xxii. 

36. sometimes more. (See p. 67.) The consuls, when about to 
make a levy, sent them notice what number of troops they required, 
{ad socios Latinumque nomen ad militcs ex formula accipiendos mit- 
tunt, arma, tela, alia parari jiibent, Liv. xxii. 57.) and at the same 
time appointed the day and place of assembling, {qud convenireni,) 
Liv. xxxiv. 56. xxxvii. 4. 

The forces of the allies seem to have been raised, (scripti vel con- 
scripti,) much in the same manner with those of the Romans. They 
were paid by their own states, Liv. xxvii. 9. & iJ. and received 
nothing from the Romans but corn ; on which account they had a 
paymaster {Qucestor) of their own, Polyb. vi. But when all the Ita- 
lians were admitted to the freedom of the city, their forces were in- 
corporated with those of the republic. 



DIVISION OF THE TROOPS. 309 

The troops sent by foreign kings and states were called auxilia- 
ries, (AUXILIARES milites vel auxilia, ab augeoy Cic. Att. vi. 5. 
Varr. & Fest.) They usually received pay and clothing from the 
republic, although they sometimes were supported by those who sent 
them. 

The first mercenary soldiers in the Roman army, are said to have 
been the Celtibcrians in Spain, A. U. 537. Liv. xxW. 49. But those 
must have been different from the auxiliaries, who are often men- 
tioned before that time, Liv, xxi. 46. 48. 55. 56. xxii. 22. 

Under the emperors, the Roman armies were in a great measure 
composed of foreigners ; and the provinces saw with regret the 
flower of their youth carried off for that purpose, Tacit, Hist, iv, 
14. Jgric. 31. Each district was obliged to furnish a certain num- 
ber of men, in proportion to its extent and opulence. 

II. DIVISIO.Y of the TROOPS in the ROMAN ARMY', their 
ARMS, OFFICERS, and DRESS. 

After the levy was completed, and the military oath administer- 
ed, the troops were formed into legions, (LEGIO a legendo, quia 
milites in delectu legebantur, Varro. L. L. iv. 16. which word is 
sometimes put for an army, ib. ii. 26. &c. Sallust. Jug. 79.) 

Each legion was divided into ten cohorts, each cohort into three 
maniples, and each maniple into two centuries, (MANIPULUS, ex 
manipulo \q\ fasciculo f(Rni, hastes, yel per ticw longce alligalo, quern 
quo signo primum gerebat, Ovid. Fast. iii. 117.) So that there 
were thirty maniples and sixty centuries in a legion, Gell. xvi. 
4. and if there always had been 100 men in each century, as its 
name imports, the legion would have consisted of 6000 men. But 
this was not the case. 

The number of men in a legion was different at different times, 
Liv. vii. 25. viii. 8. xxvi. 28. xxix. 24. xlii. 31. xlii. 12. Cas. B, 
C. iii. 106. B. Al. 69. In the time of Polybius it was 4200. 

There were usually 300 cavalry joined to each legion, called JUS- 
TUS EQUITATUS, or ALA, ibid, c^ Liv. iii. 62. They were 
divided into ten turmct or troops ; and each turmce into three decurics, 
or bodies often men. 

The different kinds of infantry which composed the legion, were 
three, the Hastati. Principcs, and Triarii. 

The HASTATI were so called, because they first fought with 
long spears, (hastce,) which were afterwards laid aside as inconve- 
nient, Farro de Lat. ling. iv. 16. They consisted of young men in 
the flower of life, and formed the first line in battle, Liv. viii. 8. 

The PRINCIPES were men of middle nge in the vigour of life ; 
they occupied the second line. Anciently they seem to have been 
posted first : whence their name, ibid. 

The TRIARII were old soldiers of approved valour, who formed 
the third line ; whence their name, Dionys. viii. 86. They were 
also called PILANI, from the Pi/wm or javelin which they used; 
and the Hastati and Principcs, who stood before them, were called 
Antepilani. 



310 ROMAN ANTIQUITIES. 

There was a fourth kind of troops, called VELITES, from their 
swiftness and agility, (a volando vel velocitate,) the light-armed sol- 
diers, {milites levis armaturcB, vel expediti, vel levis armatura,) first 
instituted in the second Punic war, Liv. xxvi. 4. These did not 
form a part of the legion, and had no certain post assigned them ; 
but fought in scattered parties where occasion required, usually be- 
fore the lines. To them were joined the slingers and archers, FUN- 
DITORES Balearis, Mchcsi, &c. Liv.xxi.21. xxviii. 37. xxxviii.31. 
29. SAGITTARII Cretenses, Arabcs, &,c. Liv. xxxvii. 40. xlii. 35. 

The light-armed troops were anciently called Ferenlarii : flora- 
rii, {quod ante rorat quam pluit, Varr. L. L. vi. 3.) and, according 
to some, Jccensi. Others made the Accensi supernumerary sol- 
diers, who attended the army to supply the place of those legendary 
soldiers, who died, or were slain, Festus in Accensi et Adscriptith, 
Varro, ibid. In the mean time, however, they were ranked among 
the light armed troops. These were formed into distinct companies, 
{expediti manipuli et expedites cohortes,) and are sometimes opposed 
to the legionary cohorts, Sallust, Jug. 46. 90. 100. 

The soldiers were often denominated, especially under the em- 
perors, from the number of the legion in which they were ; thus, Pri- 
mani, the soldiers of the first legion : Secundani, Tertiani, Quariani^ 
Quiiitaniy Decimani, Tertiadecimani, Vicesimani, Ditodeviccsirnani^ 
Duo et vicesimani, &c. Tacit. Hist. iv. 36. 37. iii. 27. v. 1. Suet. Jul. 70. 

The Velites were equipped with hows, slings, seven javelins or 
spears with slender points like arrows, so that when thrown they 
bent, and could not easily be returned by the enemy, quorum telum 
mhahile ad remittendum imperitis est, Liv. xxiv. 34. a Spanish sword 
having both edge and point, {quo cccsim et punctum petehant, Liv.) 
a round buckler (parma) about three feet in diameter, made of wood 
and covered with leather ; and a helmet or cask, for the head, (GA- 
LEA vel Galerus,) generally made of the skin of some wild beast, 
to appear the more terrible, Polyh. vi. 20. 

The arms of the Hastali, Principes, and Triarii, both defensive 
{arma ad tegendum) and offensive {tela ad petendum) were in a 
great measure the same ; Polyh. vi. 20. & 22. 

1. An oblong shield (SCUTUM) with an iron boss (umbo) 

jutting out in the middle, four feet long and two feet and a half 
broad, made of wood, joined together with little plates of iron, and 
the whole covered with a bull's hide : sometimes a round shield 
(Clypeus) of a smaller size. 

2. A head piece (GALEA vel Cassis v. -ida) of brass or 

iron, coming down to the shoulders, but leaving the face uncovered, 
Flor. iv. 2. whence the command of Caesar at the battle of Pharsa- 
lia, which in a great measure determined the fortune of the day, Faci- 
EM FERi, MILES, Flor. iv. 2. Pompcy's cavalry being chiefly composed 
of young men of rank, who were as much afraid of having their vi- 
sages disfigured as of death. Upon the top of the helmet was the 
crest, (Crista,) adorned with plumes of feathers of various colours. 

3. A coat of mail, (LORICA,) generally made of leather, 

covered with plates of iron in the form of scales, or iron rings twist- 



DIVISION OF THE TROOPS. 311 

ed within one another like chains {hamis concerta.) Instead of the 
coat of mail, most used only a plate of brass on the breast, {thorax 
vel pectoralc.) 

4. Greaves for the legs, (OCRE^E,) Liv. ix. 40. tegmina 

crurum, Virg. JEn. xi. 777. sometimes only on the right leg, Veget. 
i. 20. and a kind of shoe or covering for the {eet, called Caltga, set 
with nails, Juvenal, xvi. 24. used chiefly by the common soldiers, 
{gregaril vel manipulares milites,) whence the Emperor Caligula had 
his name, Suet, Cal. ix. 52. Tacit. Anhal. i. 41. Cic. Att. ii. 3. Hence 
Caligatus, a common soldier. Suet. Aug. 25. Marius a caliga ad con- 
sulatum perductus, from being a common soldier, Senec. de ben. v. 16. 

5. A sword {gladius vel ensis) and two long javelins, (Pila.) 

The cavalry at first used only their ordinary clothing for the sake 
of agility, that they might more easily mount their horses ; for they 
had no stirrups, (Stapi^ vel Staped^, as they were afterwards 
called.) When they were first used is uncertain. There is no men- 
tion of them in the classics, nor do they appear on ancient coins and 
statues. Neither had the Romans saddles, such as ours, but certain 
coverings of cloth, {veslis stragula) to sit on, called EPHIPPIA, 
Horat. Ep. i. 14. 44. vel Strata, with which a horse was said to be 
cOiVSTRATUs, Liv. xxi. 54. These the Germans despised, Coss. B, 
G. iv. 2. The Numidian horse had no bridles, Liv. xxxv. 11. 

But the Roman cavalry afterwards imitated the manner of the 
Greeks, and used nearly the same armour with the foot, Polyb. vi. 
23. Phus, Pliny wrote a Book dejaculatione eguestri, about the art 
of using the javelin on horseback, Plin. Ep. iii. 4. 

Horsemen armed cap-a-pie, that is, completely from head to foot, 
w^ere called Loricati or Cataphracti, Liv. xxxv. 48. xxxvii. 40. 

In each legion there were six military tribunes, (See p. 167.) 
w^ho commanded under the consul, each in his turn, generally month 
about, Liv. xl. 41. Horat. Sat. i. 6. 48. In battle a tribune seems 
to have had the charge of ten centuries, or about a thousand men ; 
hence called in Greek, x*^'«^X°f> vel -Y]g. Under the emperors, they 
were chosen chiefly from the senators and equites ; hence called 
Laticlavii and Augusticlavii, Suet. 0th. 10. One of these seems 
to be called Tribunis cohortis, Plin. Ep. iii. 9. and their command 
to have lasted only six months ; hence called semestris tribuna- 
Tus, Plin. Ep. iv. 4. or semestre auiiuji, Juvenal, vii. 8. because 
they had the right of wearing a golden ring. 

The tribunes chose the officers who commanded the centuries 
(ce\turiones vel ordinum ductores,) from the common soldiers, ac- 
cording to their merit, Liv. xlii. 34. C(bs. vi. 39. Toucan, i. 645. vi. 
145. But this office (centurionatus) was sometimes disposed of by 
the consul or proconsul, through favour, and even for monev, Cic, 
Pis. 36. 

The badge of a centurion was a vine-rod or sapling, (vitis,) Plin. 
xiv. 1. s. 3. Tacit, i. 23. JuvenaL \i\\. 247. Ovid. Art. Am. i. 527. 
hence vite donari, to be made a centurion ; vitem poscere, to ask that 
office, Juvenal, xiv. 193. gerere, to bear it. Lucan. vi. 146. 

There were two centurions in each maniple called by the same 



S12 ROMAN ANTIQUITIES, 

name, but distinguished by the title prior, former, and posterior^ lat- 
ter, because the one was chosen and ranked before the other, TaciU 
Ann. i. 32. Dionys. ix. 10. 

Under the emperors, persons were made centurions all at once 
through interest, Dio. lii. 25. 

The centurion of the first century of the first maniple of the 7V{- 
arii, was called Centurio primi pili, vei primi ordinis, Liv. xxv. 19. 
or Primus Pilus^ primipiius, or priraopilus , Uses. B. G. ii. 25. also 
primus centurio^ Liv. vii. 41. qui priinum pilum ducehat, ib. 13. Du;c 
legionis, (o igysfjLwv <rou Ta/fxaro?,) Dionys. ix. 10. He presided over 
all the other centurions, and had the charge of the eagle (aquila,) or 
chief standard of the legion, lacit. Hist, iii, 22. Valer. Max. i. 6. 
11. whereby he obtained both profit and dignity, being ranked among 
the equites, Juvenal, xiv. 197. Martial, i. 32. Ovid. Amor. iii. 8. 20. 
Pont. iv. 7. 15. He had a place in the council of war with the consul 
and tribunes. The other centurions were called minores ordine, ib. 49. 

The centurion of the second century of the first maniple of the 
Triarii, was called Primipilus posterior : So the two centurions of 
the second maniple of the Triarii, Prior centurio, and posterior centu- 
rio secundipili ; and so on to the tenth, who was called Centurio rfe- 
cimi pili, prior Qt posterior. In like manner, Primus princeps, secun^ 
dus princeps, &,c. Primus hastatus, &c. Thus, there was a large 
field for promotion in the Roman army, from a common soldier to a 
centurion ; from being the lowest centurion of the tenth maniple of 
Hasiati, {^decimus haslatvs posterior,) to tFie rank of Primipilus, Liv. 
xlii. 34. Any one of the chief centurions was said ducere honestum 
ordinem ; as Virginius, Liv. iii. 44. 

The centurions chose each two assistants or lieutenants, called 
OPTIONES, Urogi, or Succenturiones, Liv. viii. 8. Festus in OrTio; 
and two standard-bearers or ensigns, (SIGNIFERI vel Vexillarii,) 
Liv. vi. 8. XXXV. 5. Tacit. Ann. i. 81. Hist. i. 41. iii. 17. Cic. Divin, 
l 77. 

He who commanded the cavalry of a legion was called Pr:® pec- 
tus AL^:, Plin. Ep. iii. 4. 

Each Turma had three DECURIONES or commanders of ten, 
but he who was first elected commanded the troop, Polyb. vi. 23. 
and he was called DuxTURMiE, Sallust. Jug. 38. Each decurio had 
an oplio or deputy under him, Varr. de Lnt. ling. iv. 16. 

The troops of the allies (which, as well as the horse, were called 
Al^, from their being stationed on the wings, Liv. xxxi. 21. GelL 
xvi. 4.) had prsefects (PRiEFECTI) appointed over th6m, who 
commanded in the same manner as the legionary tribunes, C(bs, B, 
G. i. 39. Suet. Aug. 38. Claud. 35. Plin. Ep. x. 19. These troops 
were divided into cohorts, as the Roman infantry, Sallust. Jug. 58. 

A third part of the horse, and a fifth of the foot of the allies were 
selected and posted near the consul, under the name of Extraordi- 
NARii, and one troop, called Ablecti or Selecti, to serve as his life- 
guards, IJv. XXXV. 5. Polyb. vi. 28, 

It is probable that the arms and inferior officers of tlie allied troops 
•were much the same with those of the Romans. 



DIVISION OF THE TROOPS. 313 

Two legions, with the due number of cavahy, {cumjusto equitatUf) 
and the allies, formed what was called a consular army, (exer- 
citus consularis,) about 20,000 men, Liv. x. 25. in the time of Poly- 
bius, 18,600, Polyb. vi. 24. 

The consul appointed lieutenant-generals (LEGATI) under him, 
one or more, according to the importance of the war, Liv. ii. 29. 59. 
iv. 17. X. 40. 43. (fee. Sail. Cat. 59. Jug. 28. Cas. de bell. civ. ii. 17. 
iii. 55. 

When the consul performed any thing in person, he was said to do 
it by his own conduct and auspices {ductu vel imperio, et auspicio 
suo,) Liv. iii. 1. 17. 42. xli. 17. 28. Plant. Amph. i. 1. 41, ii. 2. 25. 
Horat. i. 7. 27. but if his legatus or any other person did it by his 
command, it was said to be done, auspicio consulis et ductu legati, by 
the auspices of the consul and under the conduct of the legatus. In 
this manner the emperors were said to do every thing by their own 
auspices, although they remained at Rome. Ductu Germanici, aus- 
piciis Tiberii,T3iC\L Annal. ii. 41. Horat. Od. iv. 14. 16. & 33. 
Ovid. Trist. ii. 173. hence auspicia, the conduct, Liv. iii. 60. 

The military robe or cloak of the general was called PALUDA- 
MENTUM, or Chlamys, of a scarlet colour bordered with purple ; 
sometimes worn also by the chief officers, Liv. i. 26. Plin. xvi. 3. 
Tac. Ann. xii. bQ, cum paludatis ducibus, officers in red coats, Juve- 
nal, vi. 399. and, according to some, by the lictors who attended the 
consul in war, Liv. xli. 10. xlv. 39. Chlamys was likewise the name 
of a travelling dress, {vestis viatoria :) hence Chlamydatus, a travel- 
ler or foreigner, Plaut. Pseud, iv. 2. 8. sc. 7. 49. 

The military cloak of the officers and soldiers was called SAGUM, 
also Chlamys, Plaut. Rud. ii. 2. 9. an open robe drawn over the other 
clothes and fastened with a clasp. Suet. Aug. 26. opposed to toga^ 
the robe of peace. When there was a war in Italy, {in tumidtu,) all 
the citizens put on the sagum : Hence Est in sagis civitas, Cic. Phil, 
viii. 11. sumere saga, ad saga ire ; et redire ad togas, Id. v. 12. xiv. 
1. also put for the general's robe ; thus, Punico lugubre mutavit sa- 
gum, i. e. deposuit coccineam chlamydem Antonius, et accepit nigrum, 
laid aside his purple robe and put on mourning, Horat. Epod. ix. 27, 

III. DISCIPLINE of the ROMANS, their MARCHES and EN- 
CAMPMENTS. 

The discipline of the Romans was chiefly conspicuous in their 
marches and encampments. They never passed a night, even in 
the longest marches, without pitching a camp, and fortifying it with 
a rampart and ditch, Liv. xliv. 39. Sallust. Jug. 45. & 91. Persons 
were always sent before to choose and mark out a proper place 
for that purpose, {castra metari.) Hence called METATORES ; 
thus, Alteris castris vel secundis, is put for altero die, the second 
day ; tertiis castris, quintis castris, &c. Tacit. Hist. iii. 15. iv. 71. 
C(zs. B. G. vii. 36. 

When the army staid but one night in the same camp, or even 
two or three nights, it was simplv called castra, and in later ages 

40 



314 ROMAN ANTIQUITIES, 

MANSIO ; which word is also put for the journey of one day, Plin. 
xii. 14. or for an mr\, Suet. Tii. 10. as o'ro'&f/.oj; among the Greeks. 

Wi:en an army remnined a considerable time in the same place, it 
was called Casira STATIVA, a standing camp ; ESTIVA, a sum- 
mer camp ; and HIBERNA, a winter camp ; (which was first used 
in the siege of Veji,) Liv. v. 2. Hibemacula (sdijicavit, xxiii. 39. 

The winter quarters of the Romans were strongly fortified, and 
furnished, particularly under the emperors, with every accommoda- 
tion like a city, as storehouses, (armaria,) workshops, (fabriccB,) an 
infirmary or hospital, {vaUludinarmm,) (fee. Hence from them many 
towns in Europe are supposed to have had their origin ; in England, 
particularly, those whose names end in cesior or Chester. 

The form of the Roman camp was a square, {qvadrata,) and al- 
ways of the same figure, Polyb. vi. 25. In later ages, in imitation of 
the Greeks, they sometimes made it circular, or adapted it to the 
nature of the ground, Vege.t. \. 23. It was surrounded with a ditch, 
(Fossa,) usually nine feet deep and twelve feet broad, and a ram- 
part (VALLUM.) composed of the earth dug from the ditch, 
(AGER.) and sharp stakes, {sudes, VALLI vel pali) stuck into it, 
Virg. G. ii. 25. C(es. B. Civ. ii. 1. 15. Polyb, xvii. 14. & 15. 

The camp had four gates, one on each side ; the first called Por- 
ta PRiETORIA vel Extraordinaria, next the enemy, Liv. xl. 27. % 
DECUMANA, opposite to the former, (ab tergo castrorum et hosti 
aversn, vel ab hoste,) Liv. iii. 5. x. 32. Caes. B. G. ii. 24. Civ. iii. 
79. Porta principalis dextra and principalis sinistra, Liv. xl. 
27. were the names of the two others. 

The camp w^as divided into two parts, called the upper and lower. 

The upper part {pars castrorum superior) was that next the porta 
prmtoria^ m which was the general's tent, {ducis tabernaculum,) call- 
ed PRiETORIUM, also Augurale, Tacit. Annal. ii. 13. xv. 30. 
from that part of it where he took the auspices [auguracidum, Fest. 
vel Aiiguratoriitm, Hygin. de castrament.) or Augu stale, Quinctil, 
viii. 2. 8. with a sufficient space around for his retinue, the praetori- 
an cohort, &c. On one side of the Prmtorium w^ere the tents of the 
lieutenant-generals, and on the other that of the Quaestor, QUiES- 
TORIUM, which seems anciently to have been near the porta decu- 
mana, hence called Quitstoria, Liv. x. 32. xxxiv. 47. Hard by the 
quaestor's tent was the FORUM, called also Quintana, where things 
were sold and meetings held, Liv: xli. 2. SueJ. Ner. 26. Polyb. vi. 
38. In this part of the camp were also the tents of the tribunes, 
prefects of the allies, the Evocaii, Ablecti, and Extraordinarii, both 
horse and foot. But in what order they w^ere placed does not ap- 
pear from the classics. We only know that a particular place was 
assigned both to officers and nnen, with which they were all perfect- 
ly acquainted. 

The lower part of the camp was separated from the upper by a 
broad open space, which extended the whole breadth of the camp, 
called PRINCIJPIA, Liv. vii. 12. where the tribunal of the general 
was erected, when he either administered justice or harangued the 
army, Tacit, Annal, i. 67. Hist. iii. 13. where the tribunes held i 



DISCIPLINE OF THE ROMANS, &c. 315 

their courts, (jura reddebant,) Liv. xxviii. 24. and punishments were 
inflicted, Suet. Otho, i. Aug, 24. Liv. viii. 32. ix. 16- where the 
principal standards of the army, and the altars of the gods stood, Ta- 
cit. Anna!, i. 39. also the images of the Emperors, Id. iv. 2. xv. 29. 
by which the soldiers swore, Liv. xxvi. 48. Horat. Od. iv. 5. Ep. ii. 
1. 19. and deposited their money at the standards, {ad vel apud sig- 
7ia,) as in a sacred place ; Siiet. Dom. 7. each a certain part of his 
pay, and the half of a donative, which was not restored till the end 
of the war, Veget. ii. 20. 

In the lower part of the camp the troops were disposed in this 
manner : The cavalry in the middle ; on both sides of them the Tria- 
rii, Principesy and Hastati ; next to them on both sides were the ca- 
valry and foot of the allies, who, it is observable, were always post- 
ed in separate places, lest they should form any plots, {ne quid novce 
rei molirentur,) by being united. Jt is not agreed what was the place 
of the Velites. They are supposed to have occupied the empty space 
between the ramparts and the tents, which was 200 feet broad. The 
same may be said of the slaves, (Calones vel servi,) and retainers 
or followers of the camp, (lixze, qui exercitum sequehantur, qua:slus 
gratia, Festus,) Liv. xxiii. 16. These were little used in ancient 
times. A common soldier was not allowed a slave, but the officers 
were, Sallust. Jug. 45. The LixcB were sometimes altogether pro- 
hibited, ibid. At other times they seem to have stayed without the 
camp, in what was called Procestria {cedijicia extra castra,) Festus ; 
Tacit. Hist. iv. 22. 

The tents (tentoria) were covered with leather or skins extended 
with ropes : hence sub pellibus kiemare^ Flor. i. 12. durare, Liv. v. 
2. haberi, Id. 37. 39. retineri, in tents, or in camp, Tacit. Ann. 13. 
35, So Cic. Acad. iv. 2. 

In each tent were usually ten soldiers, with their decanus or petty 
officer who commanded them, {qui iis prwfuit ;) which was properly 
called CoNTUBERNiuw, and they ContuberrMles. Hence young no- 
blemen under the general's particular care, were said to serve in his 
tent, [contubernio ejus militare,) and were called his Contubernales, 
Suet. Jul. 42. Cic. Ccel. 30. Plane. 21. Sallust. Jug. 04. Hence, 
Vivere in contubernio alicujus, to live in one's family, Plin. Ep. vii. 
24. Contub emails, a companion, Id. i. 19. x. 3. The centurions and 
standard-bearers were posted at the head of their companies. 

The different divisions of the troops were sepai-ated by intervals, 
called VliE. Of these there were five longwise, {in longum,) i. e. 
running from the dtcuman towards the praetorian side ; and three 
across, one in the lower part of the camp, called Quintana, and two 
in the upper, namely, the Principia already described, and another 
between the Proitoriwn and the Praetorian gate. The rows of tents 
between the vix were called Strig.'e, (^'u/j.ai.) 

In pitching the camp, different divisions of the army were ap- 
pomted to execute different parts of the work, under the inspection 
of the tribunes or centurions, Juvenal, viii. 147. as they likewise 
were during the encampment to perform different services, {miriis- 
teria,) to procure water, forage, wood, &lc. From these certain 



318 ROMAN ANTIQUITIES. 

persons were exempted, (immunes operum militarium, in unumpug" 
ncB lahorem reservati, Liv. vii. 7.) either by law or custom, as the 
Eguites, Val. Max. ii. 9. 7. the Evocati and veterans, Tacit. AnnaL 
i. 36. or by the favour (beneficio) of their commander ; hence called 
Beneficiarii, Festus. Cces. B. C. i. 75. But afterwards this ex- 
emption used to be purchased from the centurions, which proved 
most pernicious to military discipline, Tacit. AnnaL i. 17. Hist. i. 46. 
The soldiers obliged to perform these services were called Munifi- 
CES, Veget. ii. 7. 19. 

Under the emperors, there was a particular officer in each legion 
who had the charge of the camp, called Pr^efectus castrorum. 
Tacit. AnnaL i. 20. xiv. 37. Hist. ii. 29. Veget. ii. 10. 

A certain number of maniples were appointed to keep guard at 
the gates, on the rampart, and in other places of the camp, before 
the Prcetorium, the tents of the Legati, Quaestor, and tribunes, both 
by day and by night, {agere excubias vel stationes et vigilias,) who 
were changed every three hours, Polyb. vi. 33. 

ExcuBi^ denotes watches either by day or night ; ViGiLiiE, only 
by night. Guards placed before the gates were properly called 
Stationes, on the rampart Custodi^, Liv. xxv. 40. xliv. 33. But 
staiio is also put for any post ; hence, Vetat Pythagoras injussu im- 
peratoris, id est, Dei, de preesidio et statione vitce decedere, Cic. Sen. 
20. Whoever deserted his station was punished with death, Suet, 
Aug. 24. 

Every evening, before the watches were set, {antequam vigilim 
disponerentur) the watch-word {symbolum) or private signal, by 
which they might distinguish friends from foes, Dio. xliii. 34. was 
distributed through the army by the means of a square tablet of wood 
in the form of a die, called TESSERA, from its four corners, (rstfca^sg-, 
-a, quatuor.) On it was inscribed whatever word or words the gene- 
ral chose, which he seems to have varied every night, Polyb. vi. 32. 

A frequent watch-word of Marius was Lar Deus ; of Sulla, Apol- 
lo Delphigus, and of Caesar, Venus Genstrix, &c. Sew. ad Firg, 
JEn. vii. 637. of Brutus, libertas, Did. 47. 43, It was given, {tes- 
sera data est) by the general to the tribunes and prefects of the a ' e^, 
by them to the centurions, and by them to the soldiers. The person 
who carried the Tessnra from the tribunes to the centurions, was 
called Tesserarius, Tacit. Hist. i. 25. 

In this manner also the particular commands of the general were 
made known to the troops, Liv. vii. 35. ix. 32. xxvii. 46. xxviii. 14. 
Suet. Galb. 6. which seems likewise sometimes to have been done 
viva voce, Liv. xlv. 33. • 

Every evening, when the general dismissed his chief officers and 
friends, {cum Prcetorium dimiltebat,) after giving them his com- 
mands, all the trumpets sounded, Liv. xxx. 5. xxi. 54. xxvi. 15. 
xxxvii. 5. 

Certain persons were every night appointed to go round {circu- 
mire vel obire) the watches ; hence called circuitores, vel Circito- 
res. This seems to have been at first done by the equites, Liv. xxii. 
L and tribunes. Id. xxviii. 24. on extraordinary occasions by the 



DISCIPLINE OF THE ROMANS, &c. 317 

iegati and general himself, Sallust, Jug. 45. At last, particular per- 
sons were chosen for that purpose by the tribunes, Veget, iii. 8. 

The Romans used only wind-instruments of music in the army, 
These were the TUBA, straight hke our trumpet ; CORNU, the 
horn, bent almost round ; BUCCINA, similar to the horn, common- 
ly used by the watches ; LITUUS, the clarion, bent a little at the 
end like the augur's staff* or lituus ; all of brass : Whence those, who 
blew them, were called tENEATORES, Suet, Jul. 32. The Tuba 
was used as a signal for the foot, the Lituus for the horse, Acron. ad 
Horat. Od. i. 1. 23. but they are sometimes confounded, Virg. ^n, 
vi. 167. and both called Concha, because first made of shells, Id. 171. 

The signal was given for changing the watches {vigiliis mutandis) 
with a trumpet or horn, {tuba,) Lucan. viii. 24. (buccind,) Liv. vii. 
35. Tacit. Hist. v. 22. hence ad tertiam buccinam, for vigiliam, Liv. 
xxvi. 15. and the time was determined by hour-glasses, ( per clepsif' 
dras,) Veget. iii. 8. See p. 211. 

A principal part of the discipline of the camp consisted in exer- 
cises, (whence the army was called Exercitus,) walking and run- 
ning [decursio,) completely armed, Liv. xxiii. 35. xxvi. 51. xxix. 
22. Polyb. vi. 20. leaping, swimming. Suet. Aug. 65. vaulting {sali- 
tio) upon horses of wood, Veget. i. 18. shooting the arrow, and 
throwing the javelin ; attacking a wooden figure of a man as a real 
enemy, [exerdtia ad palum, vel Pal aria,) Juvenal, vi. 246. the 
carrying of weights, &:c. Virg. G. iii. 346. 

When the general thought proper to decamp, (castra movere,) he 
gave the signal for collecting the baggage {colligendi vasa,) where- 
upon all took down their tents, {tabemacula detendebant,) but not 
till they saw this done to the tents of the general and tribunes, Po- 
lyb. vi. Upon the next signal, they put their baggage on the beasts, 
of burden, and upon the third signal began to march ; first, the ex- 
traordinarii and the allies of the right wing with their baggage ; then 
the legions, and last of all the allies on the left wing, with a party of 
horse in the rear, {ad agmen cogendum, i. e. colligendum, to prevent 
straggling,) and sometimes on the flanks, in such order, {composito 
agmine, non itineri magis apto, quam prcelio,) that they might readily 
be formed into a line of battle, if an enemy attacked them. 

An army in close array was called Agmen piLATUia, Serv. in Virg. 
Mn.xu.l2l. \e\justum. Tacit. Hist. i. 68. When under no ap- 
prehension of an enemy, they were less guarded, (agmine incautOy 
i. e. minus munito, ut inter pacatos ducebat, sc. consul,) Liv. xxxv. 4. 

The form of the army on march, however, varied according to 
circumstances and the nature of the ground, Liv. xxxv. 4. 27. 28. 
It was sometimes disposed into a square, (agmen quadratum,) with 
the baggage in the middle, Liv. xxxi. 37. xxxix. 30. Hirt. de BelL 
Gall. %. Tacit. Ann. 1.51. 

Scouts (spRculaiores) were always sent before to reconnoitre the 
ground, {ad omnia exploranda,) Suet. Jul. 58. Sail. Jug. 46. A cer- 
tain kind of soldiers under the emperors were called SPECULATO- 
RES, Tacit. Hist. i. 24. 25. 27. ii. 11. 33. 73. Suet. Claud. 35. 0th. 5. 

The soldiers were trained with great care to observe the military 



318 ROMAN ANTIQUITIES. 

pace, {gradu militari iiicedere,) and to follow the standards, (signa 
sequi.) For that purpose when encamped, they were led out thrice 
a month, sometimes ten, sometimes twenty miles, less or more, as 
the general inclined. They usually marched at the rate of twenty 
miles in five hours, sometimes with a quickened pace {gradu vel ag- 
mine cilato) twenty-four miles in that time, Veget, i. 9. 

The load which a Roman soldier carried is almost incredible, Virg, 
G. iii. 346. Horat. Sat. ii. 2. 10. victuals {cibaria) for fifteen days, 
Cic. Tusc. ii. 15. 16. sometimes move,, Liv. Epit. 57. usually corn, as 
being lighter, sometimes drest food, {cactus cibvs,) Liv. iii. 27. uten- 
sils, {utensilia,) ib. 42. a saw, a basket, a mattock, {rutrum,) an axe, 
a hook, and leathern thong, {falx et lorum ad pahulandum^ a chain, 
a pot, &c. Liv. xxviii. 45. Horat. Epod. ix. 13. stakes, usually three 
or four, sometimes twelve, Liv. iii. 27. the whole amounting to sixty 
pounds weight, besides arms ; for a Roman soldier considered these 
not as a burden, but as a part of himself, {arma membra milites du- 
cebant,) Cic. Tusc. ii. 16. 

Under this load they commonly marched twenty-miles a day, 
sometimes more, Veget. i. 10. Spartian. Adrian, 10. 

There were beasts of burden for carrying the tents, mills, baggage, 
&c. (JuMENTA sARciNARiA, C(£s. B. C. \. 81.) The aucicnt Romans 
rarely used wagons, as being more cumbersome, and the roads rough 
and difficult, Sallust. Jug. 45. 

The general usually marched in the centre, sometimes in the rear, 
or wherever his presence was necessary. Ibid, et Polyb, x. 22. 

When they came near the place of encampment, some tribunes 
and centurions, with proper persons appointed for that service, {cum 
metatoribus,) were sent before to mark out the ground, and assign to 
each his proper quarters, which they did by erecting flags {vexilla) 
of different colours in the several parts. 

The place for the general's tent was marked with a white flag, 
and when it was once fixed, the places of the rest followed of course, 
as being ascertained and known, Polyb. vi. 39. When the troops 
came up, they immediately set about making the rampart, {vallum 
jaciebant,) while part of the army kept guard {prcBcidium agitabant,) 
to prevent surprise. The camp was always marked out in the 
same manner, and fortified, if they were to continue in it only for a 
single night, Joseph. Bell. Jud. iii. 6. 

IV. The ORDER of BATTLE, and the different STANDARDS, 

The Roman army was usually drawn up in three lines, {triplice acie, 
vel triplicibus subsidiis, Sallust. Jug. 49.) each several rows deep. 

The Hastaii were placed in the first line ; {in prima acie vel in 
principiis ; the Principes in the second ; and the Triarii or Pilani in 
the third ; at proper distances from one another. The Principes are 
supposed anciently to have stood foremost. Hence post principia, 
behind the first line, Ter. Eun. iv. 7. 11. Liv. ii. 65. iii. 22. viii. 10. 
Transv or sis principiis, the front or first line being turned into the 
flank, Sallust. Jug. 49. Liv. viii. 8. xxxvii. 89. 

A maniple of each kind of troops was placed behind one another, 



ORDER OF BATTLE, &c. 319 

so that each legion had ten maniples in front. They were not p'aced 
directly behind one another as on a march, (agmine quadrato, but 
obliquely, in the form of what is called a Quincunx, Vir. G. ii. 279. 
unless when they had to contend with elephants, as at the battle of 
Zama, Polyb. xv. 9, et Appian. Liv. xxx. 33. There were certain 
intervals or spaces, (VI^) not only between the lines, but likewise 
between the maniples. • Hence ordines expUcare, to arrange in order 
of battle, Liv. iii. 60. and in the maniples each man had a free space 
of at least three feet, both on the side and behind, Polyb. xvii. 26. 

The thelites were placed in the spaces or intervals {in viis) be- 
tween the maniples, Liv. xxx. 33. Sallust. ibid, or on the wings, 
xlii. 58. 

The Roman legions possessed the centre, {mediam aciem ienebant,) 
the allies and auxiliaries the right and left wings, (cormm,) Liv, 
xxxvii. 39. The cavalry were sometimes placed behind the foot, 
whence they were suddenly let out on the enemy through the inter- 
vals between the maniples, Liv. x. 5. but they were commonly post- 
ed on the wings, Liv. xxviii. 14. and were hence called ALiE, Gell. 
xvi. 4. Pli7i. Ep. 7. 30. which name is commonly applied to the ca- 
valry of the allies, {alarii vel alarii equites^) Liv. xxxv. 5. Cic. Fam. 
ii. 17. when distinguished from the cavalry of the legions, {equites 
legionarii,) Liv. xl. 40. Cees. B. G. i. 41 ; and likewise to the auxi- 
liary infantry, {cohortes alares vel alarim,) Liv. x. 40. 43. Caes. B. 
C. i. 65. ii. 16. 

This arrangement, however, was not always observed. Some- 
times all the different kinds of troops were placed in the same line. 
For instance, when there were two legions, the one legion and its 
allies were placed in the tirst hne, and the other behind as a body of 
reserve, (m subsidiis vel prmsidiis,) Liv. xxvii. 2. 12. xxix. 2. xxx. 
18. This was called Acies duplex, C(bs. B. C. i. 75. Sallust. Cat. 
59. when there was only one line, Acies Simplex, Cces. B. G. iii. 25. 
Afr. 12. 53. Some think, that in latter times an army was drawn 
up in order of battle, without any regard to the division of soldiers 
into different ranks. In the description of Cesar's battles there is 
no mention made of the soldiers being divided into Hastati, Principes, 
and Triarii, but only of a certain number of legions and cohorts, which 
Caesar generally drew up in three lines, Cws. B. G. i. 19. 41. ii. 22. 
iv. 11. B. C. i. 57. 75. iii. 74. Afr. 53. So Sallust. Cat. 59. Tacit. 
Hist. ii. 24. In the battle of Pharsalia, he formed a body of reserve, 
which he calls a fourth line, (quartem aciem instituit,) to oppose the 
cavalry of Pompey, which indeed determined the fortune of the day, 
B. C. iii. 76. This was properly called Acies quadruplex : as, B. 
Afr. 58. 

In the time of Caesar the bravest troops were commonly placed in 
the front, Sallust. et Cces. ibid, contrary to the ancient custom. This, 
and various other alterations in the military art, are ascribed to 
Marius. 

Acies is put not only for the whole or part of an army in order of 
battle ; as, Aciem instruere, cequare, exornare, explicare, extenuare, 
Jirmaref perturbare , instaurare, restituere<, rcdimtegrare, &c. but also 



320 ROMAN ANTIQUITIES. 

for the battle itself, Cic, Fam. vi. 3. Suet, Aug. 20. Commissam 
aciem secutus est terrce tremor, there happened an earthquake after 
the fight was begun, Flor. ii. 6. Post aciesprlmas, after the first bat- 
tle, Ovid. Met. xiii. 207. 

Each century, or at least each maniple, had its proper standard 
and standard-bearer, Varro. de Lat. ling. iv. 16. Liv. viii. 8. Veget, 
ii. 23. Hence milites signi unius, of one maniple or century, Liv. 
XXV. 23. xxxiii. 1. 9. Reliqua signa in subsidio artius collocat, he 
places the rest of the troops as a body of reserve, or in the second 
line more closely, Sallust. Cat. 59. signa infcrre^ to advance : con- 
vertere, to face about, Cres. B. G. i. 25. efferre, to go out of the camp, 
Liv. XXV. 4. a sigriis discedere, to desert. Ibid. 20. refer re, to retreat ; 
also, to recover the standards, Virg. JKn. vi. 826. signa conferre, vel 
signis collatis confligere, to engage ; signis infestis inferri, ire vel m- 
cedere, to march against the enemy ; iirbem intrare sub signis, Liv. 
iii. 51. sub signis legiones ducere, in battle order, Cic. Ait. xvi. 8. 
signa infeslaferre, to advance as if to an attack, Virg. Mn. v. 582. 

The ensign of a manipulus was anciently a bundle of hay on the 
top of a pole, (See p. 309-10.) whence miles manipularis, a common 
soldier, Ovid. Fast. iii. 1 16. Afterwards a spear with a cross piece 
of wood on the top, sometimes the figure of a hand above, probably 
in allusion to the word manipulus ; and below, a small round or oval 
shield, commonly of silver, Plin. xxxiii. 3. also of gold, Herodian. iv. 
7. on which were represented the images of the warlike deities, as 
Mars or Minerva ; and after the extinction of liberty, of the empe- 
rors. Tacit. Ann. i. 43. Hist, i. 41. iv. 62. or of their favourites, Suet^ 
Tib. 48. CaL 14. Hence the standards were called Mxmina legio- 
num, and worshipped with religious adoration, Suet. Cal. 14. Fit. 2. 
Tacit. Ann. i. 39. Feget. ii. 6. The soldiers swore by them, Lucan. 
i. 374. 

We read also of the standards of the cohorts, Liv. xxvii. 15. Cm^ 
B. G. ii. 25. Tacit. Ann. i. 18. Hist. i. 41. as of prefects or com- 
manders of the cohorts, Sallust. Jug. 46. But then a whole is sup- 
posed to be put for a part, cohortes for manipuli or ordines, which 
were properly said ad signa convenire et contineri, Caes. B. G. vi. 1. 
31. 37. The divisions of the legion, however, seem to have been 
different at different times. Caesar mentions 120 chosen men of the 
same century, B. C. iii. 76. Vegetius makes manipulus the same 
with contubernium, ii. 13. It is at least certain that there always 
was a diversity of ranks, Ordines ifferiores et superiores, Cces, 
B. G. vi. 34. Tacit. Hist. i. 52. iv. 59. and a gradation of prefer- 
ments, Ordines vel gradus militim, Ibid, et Caes. B. C. i. 44. Suet. 
Claud. 25. The divisions most frequently mentioned are Cohor- 
tes, battalions of foot, and turm^., troops of horse, Cic. Marcel, x. 
Fam. XV. 2. Att. vi. 2. Cohors is sometimes applied to the auxilia- 
ries, and opposed to the legions, Tacit. Hist. ii. 89. v. 18. It is also, 
although more rarely, applied to cavalry, Plin. Ep. x. 107. 

The standards of the different divisions had certain letters inscrib- 
ed on them, to distinguish the one from the other, Feget. ii. 13. 

The standard of the cavalry was called VEXILLUM, a flag, or 



ORDER OF BATTLE, &c, 3«1 

banner, i. t. a square piece of cloth fixed on the end of a spear, Liv. 
used also by the foot, Ccbs, B. G. vi. 33. 37. particularly by the vete- 
rans who had served out their time, but under the emperors were 
still retained in the army, and fought in bodies distinct from the le- 
gion under a particular standard of their own, (sub vexillo,) hence 
called VEXILLARII, Tacit. Ann. i. 17. 2a 36. 38. But Vexillum 
or Vexillatio is also put for any number of troops following one stand- 
ard. Tacit. Hist. i. 31. 70. Suet. Galb. la Slat. Theb. xii. 782. 

To lose the standards was always esteemed disgraceful, (Magnum 
perdere crimen erat, Ovid. Fast. iii. 113.) particularly to the stand- 
ard-bearer, Cces. B. G. iv. 23. v. 29. B. C. i. 54 sometimes a capi- 
tal crime, Liv, iL 59. Hence to animate the soldiers, the standards 
were sometimes thrown among the enemy, Liv. iii. 70. vi. 8. xxv, 
14. xxvi. 5. 

A silver eagle, with expanded wings, on tiie top of a spear, some- 
times holding a thunderbolt in its claws, with the figure of a small 
chapel above it, Dio. xl. 18. was the common standard of the legion, 
at least after the time of Marius, for before that the figures of other 
animals were used, Plin. x. 4. s. 5. Hence AQUILA is put for a 
legion, CcBs. Hisp. 30. and aquila signaque for all the standards of a 
legion, Tacit, passim. It was anciently carried before the first ma- 
niple of the Triarii, but after the time of Marius. in the first line^ 
and near it was the ordinary place of the general, Sallust. Cat. 59, 
almost in the centre of the army ; thus. Medio dux agmine Turnus 
Derlitur arma tenens, Virg. iEn. ix. 28. usually on horseback, Liv^ 
vi. 7. SalL Cat. 59. Cces. B. GelL i. 25. So likewise the Legati 
and tribunes, Ibid. <^ Cobs. \iL 65. 

The soldiers who fought before the standards or in the first line, 
were called ANTESIGNANI, Liv. ii. 20. iv. 37. vii. 16. 33. ix. 32. 
39. xxii. 5. XXX. 33. Ccbs. B. C. i. 41. 52. Those behind the stand- 
ards, [post signa,) POSTSIGNANI, Liv. viii. 11. Frontin. Straiag. 
i. 3. 17. vel SUBSIGNANI, Tacit. Hist. i. 70, but the Subsignani 
seem to have been the same with the Vexillarii, or privileged vete- 
rans. Id. iv. 33. Ann. i. 36. 

The general was usually attended by a select band, called CO- 
HORS FRtETORIA, Cic. Cat. ii. 11. Fam. x. 20. Sallust. Cat. 60. 
Jug. 98. first instituted by Scipio Africanus, Festus ; but something 
similar was used long before that time, Liv. ii. 20. not mentioned 
in Caesar, unless by the by, B. G. i. 31, 

When a general, after having consulted the auspices, had deter- 
mined to lead forth his troops against the enemy, a red flag was dis- 
played, {vexillum vel signum pugme proponebantur,) on a spear frora 
the top of the Praiorium^ Cses. de bell. G. ii. 20. Liv. xxii. 45. 
which was the signal to prepare for battle. Then having called an 
assembly by the sound of a trumpet, {classico, i. e. tuba condone ad- 
vocatdf Liv. iii. 62. vii. 36. viii. 7. 32.) he harangued [alloquebatur) 
the soldiers, who usually signified their approbation by shouts, by 
raising their right hands, id. 4' Lucan. i. 386. or by beating on their 
shields with their spears. Silence was a mark of timidity, Lucan. iL 

41 



322 ROMAN ANTIQUITIES. 

596. This address was sometimes made in the open field from a 
tribunal raised of turf (e tribunali cespititio B.ut viridi cespite extructo,) 
Tacit. Afln. i. ISr^lin. Paneg. 56. Stat. Silv. v. 2. 144. A general 
always addressed his'troops by the title of milites : Hence Csssar 
greatly mortified the soldiers of the tenth legion, when they demand- 
ed their discharge, by calling them Quirites instead of Milites, 
Dio. xlii. 53. Suet. C^s. 70. 

After the harangue, all the trumpets sounded, (bigjia canebantj) 
which was the signal for marching, Lucan. ii. 597. 

At the same time the soldiers called out To arms, (ad arma con^ 
clamatum est.) The standards, which stood fixed in the ground, 
were pulled up, {conveilebantur) Liv. iii. 50. 54. vi. 28. Virg. Mn. 
xi. 19. If this was done easily, it was reckoned a good omen ; if not, 
the contrary, Liv, xxii. 3. Cic. div. i. 35. Val. Max. i. 2. 11. Lucan, 
vii. 162. Hence, Jlquilos prodire nohntes, the eagles unwilling to 
move, Flor. ii. 6. Dio. xl. 18. The watchword was given, (si^num 
datum est,) either viva voce, or by means of a tessera, Cass, de B. G. 
ii. 20. de B. Afric. 83. as other orders were communicated, Liv. v. 
36. xxi. 14. In the mean time, many of the soldiers made their tes- 
taments, {in procinctu, see p. 58.) Gell. xv. 27. 

When the army was advanced near the enemy {intra teli conjee 
turn, wide aferentariis prcelium committi posset,) the general, riding 
round the ranks, again exhorted them to courage, and then gave the 
signal to engage. Upon which all the trumpets sounded, and the 
soldiers rushed forward to the charge with a great shout (maximo 
clamore procurrehant cum signis vel piiis infestis, i. e. in hostem ver- 
sis vel directis,) Sallust. Cat. 60. Caes. B. Civ. iii. 92. I^iv. vi. 8. &c. 
Dia xxxvi. 32. which they did to animate one another and intimi- 
date the enemy, Cces. ibid. Hence primus clamor alque impetus rem 
decrevit, when the enemy were easily conquered, Liv, xxv. 4. 

The Velites first began the battle ; and when repulsed, retreated, 
either through the intervals between the files, ( per inlervallo ordi- 
num,) or by the flanks of the army, and rallied in the rear. Then^ 
the Hastati advanced ; and if they were defeated, they retired slowly 
{presso pede) into the intervals of the ranks of the Principes, or if 
greatly fatigued, behind them. Then the Principes engaged ; and 
if they too were defeated, the Triarii rose up, (consurgedant :) for 
hitherto they continued in a stooping posture, {subsidcbant, hinc dicti 
suBsiDiA, Festus,) leaning on their right knee, with their left leg 
stretched out, and protected with their shields ; hence, Ad triarios 
VENTUM EST, it is comc to the last push, Liv. viii. 8. 

The Triarii, receiving the Hastati and Principes into the void 
spaces between their manipuli, and closing their rank (compressis 
ordinibus,) without leaving any space between them, in one compact 
body {uno continents agmine) renewed the combat. Thus the ene- 
my had several fresh attacks to sustain, before they gained the vic- 
tory. If the Triarii were defeated, the day was lost, and a retreat 
was sounded, (receptui cecinerunt,) Liv. viii. 8. 9. 

This was the usual manner of attack before the time of Marius. 



ORDER OF BATTLE, &c. 323 

After that several alterations took place, which, however, are not 
exactly ascertained. 

The legions sometimes drew lots about the order of their march, 
and the place they were to occupy in the field, Tacit. Hist. ii. 41. 

The Romans varied the line of battle by advancing or withdraw- 
ing particular parts. They usually engaged with a straight front, 
{recta fronte, Festus ; vel (zquatis frontibus, Tibull, iv. 1. 103. acies 
DiRECTA.) Sometimes the wings were advanced before the centre, 
(acies siNUATA,) Scncc. de. beat. Vit. 4. Liv. xxviii. 14. which was 
the usual method, Plutarch, in Mario ;) or the contrary, (acies gib- 
BERA, vel/ea:«, which Hannibal used in the battle of Cannae, Liv, 
xxii. 47. Sometimes they formed themselves into the figure of a 
wedge, (CUNEUS vel trigunum, a triangle,) called by the soldiers 
Caput porcinum, like the Greek letter Delta, A. Liv. viii. 10. 
Qninctil. ii. 13. Virg. xii. 269. 457. C(bs. vi. 39. So the Germans, 
Tacit, de Mor. G. 6, and Spaniards, Liv. xxxix. 31. But cuneus is 
also put for any close body, as the Macedonian phalanx, Liv. xxxii. 
17. Sometimes they formed themselves to receive the cunms, in 
the form of a FORCEPS or scissors ; thus A. Gcll. x. 9. Veget. ii. 
19.. 

When surrounded by the enemy, they often formed themselves into 
a round body, (ORBIS vel GLOBUS ; hence orbes facere vel vol- 
vere ; in orbem se tulari vel con^lobare,) Sallust. Jug. 97. Liv. ii. 50. 
iv. 28. 39. xxiii. 27. Cms. B. G.'iv. 37. Tacit, Ann. ii. II. 

When they advanced or retreated in separate parties without re- 
maining in any fixed position, it was called SERRA, Festus. 

When the Romans gained a victory, the soldiers with shouts of 
joy saluted their general by the title of IMPERATOR. (See p. 144.> 
His lictors wreathed iheiv fasces with laurel, Plutarch, in Lucull. as 
did also the soldiers their spears and javelins, Suet. Sylv. v. i. 92. 
Martial, vii. 5. 6. Plin. xv. 30. He immediately sent letters wrap- 
ped round with laurel {liters laureatce) to the senate, to inform them 
of his success, to which Ovid alludes. Amor. i. 11. 2.5. and if the 
^ victory was considerable, to demand a tr'mmph, Liv. xlv. 1. Cic. Pis. 
17. Att. V. 20. Fam. ii. 10. Appian. B. Mitkrid. p. 223. to which 
Persius alludes, vi. 43. This kind of letter was seldom sent under 
the emperors, Dio. liv. 11. Tacit. Agric. 18. If the senate ap- 
proved, they decreed a thanksgiving {supplicatio, vel supplicium, vel 
gratulatio, Cic. Marcell. 4. Fam. ii. 18.) to the gods, and confirmed to 
the general the title of Imperator, which he retained till his triumph ^ 
or return to the city, Cic. Phil. xiv. 3. 4. 5. In the mean time, his 
lictors, having the fasces wreathed with laurel, attended him, lb. 

V. MILITARY REWARDS. 

After a victory the general assembled his troops, and in pre- 
sence of the whole army, bestowed rewards on those who deserved 
them. These were of various kinds. 

The highest reward was the civic crown, (CORONA CIVICA,) 
given to him who had ^aved the life of a citizen, Gell, v. 6. Liv, vi. 



tU KOMAN ANTIQUITIES. 

90. X* 56, wilh this inscription, ob csvem Servatum, vel, -e*, -tos^ 
Senec. clem. i. 26. made of oak leaves, [efronde querna, hence call- 
ed Quercm eivilis, ^ irg. iEn. vi. 772.) and by the appointment of 
the general presented by the person who had been saved, to his pre- 
server, whom he ever after respected as a parent, \Cic, Plane, 30. 
Under the emperors it was always bestowed by the prince, {impera- 
ioriamanu.) Tacit. Ann, iii. 21. v. 12. It was attended with particu- 
lar honours. The person who received it wore it at the spectacles^ 
and sat next the senate. When he entered, the audience rose up, as 
a mark of respect, {ineunti etiam ab senatii assurgebatur, Plin, xxi. 4. 
Among the honours decreed to Augustus by the senate was this, that 
a civic crown should be suspended from the top of his house, between 
two laurel branches, which were set up in the vestibule before the 
gate, as if he were the perpetual preserver of his citizens and the con- 
queror of his enemies, Dio. WVu 16. Val. Max. ii. S.Jin. Ovid. Fast, 
1. 614. iv. 953. Trist. iii. 1. 35.-48, So Claudius, Sue/. 17. hence, 
on some of the coins of Augustus there is a civic crown, with these 
words inscribed, ob gives servatos. 

To the persons who first mounted the rampart or entered the camp 
^f the enemy, was given by the general a golden crown, called Co- 
rona Vallaris vel Castrensis. Val.Max.\. 8. To him who first 
scaled the walls of a city to an assault. Corona Muralis, Liv, xxvi, 
48. who first boarded the ship of an enemy, Corona Navalis, FeS' 
ins ; Gcll. v. 6. 

Augustus gave to Agrippa, after defeating 8extus Pompeius in a 
sea-fight near Sicily, a golden crov«^n, adorned with figures of the 
beaks of ships, hence called Rostrata, Virg. viii. 664. said to have 
been never given to any other person, Liv. Epii, 129. Paterc. ii. 81. 
Dio. xlix. 14. but according to Festus invoc. Navali, and Pliny, vii. 
39. xvi. 4. it was also given to M. Varro in the war against the pi- 
rates by Pompey ; but they seem to confound the corona rostrata and 
navalis, which others make different. So also S^^ef. Claud. 17. 

When an army was freed from a blockade, the soldiers gave to 
their deliverer {ei duci, qui liberavii, Gell. v. 6.) a crown made of the 
grass w hich grew in the place where they had been blocked up ; 
hence called graminea corona OBSIDIONALIS, Liv. vii. 37. Plin, 
xxii. 4. 5. This of all military honours was esteemed the greatest, 
A few, who had the singular good fortune to obtain it, are recount- 
ed, lb. ^, &lQ, 

Golden crowns were also given to officers and soldiers who had 
displayed singular bravery ; as to T. Manlius Torquatus, and M. 
Valerius Corvus, who each of them slew a Gaul in single combat, 
Liv. vii. 10. 26. to P, Decius, who preserved the Roman army from 
being surrounded by the Samnites, Id. 37. and to others, x. 44. 
xxvi. 21. XXX. 15. 

There were smaller rewards (prcBmia minora,) of various kinds ; 
as, a spear without any iron on it, (Hasta pura,) Virg. JEn. vi. 760. 
Suet. Claud. 28. — a flag or banner, i. e. a streamer on the end of a 
knee or spear (VEXILLUM, quasi parvum velum, Serv. in Virg, 



MILITARY REWARDS. 325 

i^n. viii. 1.) of different colours, with or without embroidery, (awra- 
turn vel purum,) Sail. Jug. 85. Suet. Aug. 25. — Trappings, (PHA- 
LERtE,) ornaments for horses, Virg. JEn. v. 310. Liv. xxii. 52. 
and for men, Liv. ix. 46.. Cic. Att. xvi. 17. Vcrr. iii. 80. iv. 12. — 
Golden chains {Aurccc TORQUES,) Tacit. Annal ii. 9. iii. 21. Ju- 
renal, xvi. 60. which w^ent round the neck, whereas the Phalercs 
hung down on the breast, Sil. Ital. xv. 52. — Bracelets, (ARMIL- 
LiE,) ornaments for the arms, Liv. x. 44. — Cormcula, ornaments 
for the helmet in the form of horns, Ibid. — CATELL^E vel Catenu- 
l(B, chains composed of rings ; whereas the Torques were twisted 
(tor 1(e) like a rope, Liv. xxxix. 31 — FIBULAE, clasps, or buckles 
for fastening a belt or garment. Ibid. 

These presents were conferred by the general in presence of the 
army ; and such as received them, after being publicly praised, 
were placed next him, Sal. Jug. 51. Liv. xxiv. 16. Cic. Phil. v. 13. 
17. They ever after kept them with great care, and wore them at 
the spectacles and on all public occasions, Liv. x. 47. They first 
wore them at the games, A. U. 459. lb. 

. The spoils (SPOLIA, vel Exuvice) taken from the enemy, were 
fixed up on their door-posts, or in the most conspicuous part of their 
houses, Virg. ^n. ii. 504. Liv. xxiii. 23. 

When the general of the Romans slew the general of the enemy 
in single combat, the spoils which he took from him, {quod dux duci 
detraxit,) were called SFOLIA OPIMA, (ab Ope vel opibus, Fes- 
tus,) Liv. iv. 20. and hung up in the temple of Jupiter Feretrius, 
built by Romulus, and repaired by Augustus, by the advice of Atti- 
cus, J^fpp. in vit. 20. These spoils were obtained only thrice before 
the fall of the republic ; the first by Romulus, who slew Acron king 
of the Cagninenses, Liv. i. 10. the next by A. Cornelius Cossus, who 
slew Lar Tolumnius, king of the Vejeiites, A. U. 318. Liv. iv. 20. 
and the third by M. Claudius Marcellus, who slew Viridomarus, 
king of the Gauls, A. U. .530. Liv. Epit. xx. Virg. JEn. vi. 859. 
Plutarch in Marcello ; Propert. iv. 11. 

Florus calls the spoils Opima which Scipio JEmilianus, when in 
a subordinate rank, took from the king of the Terduli and Vacccsi in 
Spain, whom he slew in single combat, ii. 17. but the Spolia Opima 
could properly be obtained only by a person invested with supreme 
command, Dio. Ii. 24. 

Sometimes soldiers, on account of their bravery, received a dou- 
ble share of corn, {duplex frumentum,) which they might give away 
to whom they pleased ; hence called DUPLICARII, Liv. ii. 59. vii. 
37. also double pay {duplex stipendiwn,) clothes, &:c. Cas. bell, civ, 
iii. 53. called by Cicero, Diaria, Att. viii. 14. 

VI. A TRIUMPH. 

The highest military honour w^hich could be obtained in the Ro- 
man state, was a triumph, or solemn procession, with which a victo- 
rious general and his army passed through the city to the Capitol ; so 
called from ©fiafx/Sor. the Greek name of Bacchus, who is said to have 



326 ROMAN ANTIQUITIES. 

been the inventor of such processions, Varro. de Lat. ling. v. 7. 
Plin. vii. 56. s. 57. It had its origin at Rome, from Romulus car- 
rying the Spolia opima in procession to the Capitol, Dionys. ii. 34, 
and the first who entered the city in the form of a regular triumph was 
Tarquinius Priscus, Liv. i. 38. the next P. Valerius, Liv, ii. 7. and 
the first who triumphed after the expiration of his magistracy, {acto 
honore,) was Q. Publius Philo, Id, viii, 26. 

A triumph was decreed by the senate, and sometimes by the peo- 
ple against the will of the senate, Liv. iii. 63. vii. 17. to the general 
who, in a just war with foreigners, {justo et hostili hello, Cic. Dejot, 
5.) and in one battle, had slain above 5000 enemies of the republic, 
and by that victory had enlarged the limits of the empire, Val. Max. 
ii. 8. Whence a triumph was called Justus, which was fairly wop, 
Cic. Pis. 19. Horat. Od. i. 12. 54. And a general was said trium- 
phare, et agere ve\ deport are triumphum c?e vel ex aliqiio ; triurri' 
phare aliquem vel aliquid. Virg. Mu. vi. 836. Plin. v. 5. ducere par- 
tare, vel agere eum in triumpho. 

There was no just triumph for a victory in a civil war, Val. Max, 
ii. 8. 7. Flor. iv. 2. Dio. xlii. 18. hence, Bella geri placuit nullos 
habitura triumpho s F Lucan. i. 12. although this was not always ob- 
served, Liv. Epit. 115. 116. 133. Plin. Paneg.% Dio. xliii. 19, 
nor, when one had been first defeated, and afterwards only reco- 
vered what was lost, Oros. iv. nor anciently could one enjoy that ho- 
nour, who was invested with an extraordinary command, as Scipio in 
Spain, Liv. xxviii. 38. xxxvi. 20. nor unless he left his province in 
a state of peace, and brought thence his army to Rome along with 
him to be present at the triumph, Liv. xxvi. 21. xxxi. 49. xxxix. 
29. xlv. 38. But these rules were sometimes violated, particularly 
in the case of Pompey, Val. Max. viii. 15. 8. Bio. xxxvii. 2.5. 

There are instances of a triumph being celebrated without either 
the authority of the senate, or the order of the people, Liv. x. 37. 
Oros. V. 4. Cic. Ccel. 14. Suet. Tib. 2. Val. Max. v. 4. 6. and also 
when no war was carried on, Liv. xl. 38. 

Those who were refused a triumph at Rome by public authority, 
sometimes celebrated it on the Alban mountain. This was first done 
by Papirius Naso, A. U. 522. Val. Max. iii^ 6. 5. whom several af- 
terwards imitated, Liv. xxvi. 21. xxxiii. 24. xlii. 21. xlv. 38. 

As no person could enter the city while invested with military 
command, generals, on the day of their triumph, were, by a particu- 
lar order of the people, freed from that restriction, {Ut iis, quo die 
urbem iriumphantes invehereniur, imperium esset,) Liv. xlv. 35. 

The triumphal procession began from the Campus Martins, and 
went from thence along the Via Triumphalis, through the Campus 
and Circus Fldminius, to the Porta Triumphalis, and thence through 
the most public places of the city to the Capitol. The streets were 
strewed with flowers, and the altars smoked with incense, Ovid. 
Trist. iv. 2. 4. 

First went musicians of various kinds, singing and playing triumph- 
al songs ; next were led the oxen to be sacrificed, having their horns 



A TRIUMPH. 327 

gilt, and their heads adorned with fillets and garlands ; then in car= 
riages were brought the spoils taken from the enemy, statues, pic= 
tures, plate, armour, gold, silver, and brass ; also golden crowns, and 
other gifts sent by the allied and tributary states, Liv. xxxiii. 24. 
xxxvii. 58. xxxix. 5. 7. xl. 43. xlv. 40. Virs:. JEn, viii. 720. The 
titles of the vanquished nations were inscribed on wooden frames 
{in ferculis,) Suet. Jul. 37. Cic. Off. i. 36. and the images or re- 
presentations of the conquered countries, cities, &c. Lix. xxvi. 21. 
Quinctil. vi. 3. Plin. v. 5. Ovid. Pont. ii. 1. 37. iii. 4. 25. Art. Am. 
i. 220. Flor. iv. 2. The captive leaders followed in chains, with 
their children and attendants ; after the captives, came the lictors, 
having their fasces wreathed with laurel, followed by a great compa- 
ny of musicians and dancers dressed like satyrs, and wearing crowns 
of gold ; in the midst of whom was a Pantomime, clothed in a female 
garb, whose business it was, with his looks and gestures, to insult the 
vanquished. Next followed along train of persons carrying per- 
fumes, {suffimenta.) Then came the general (DUX) drest in 

purple embroidered with gold, {toga pictd et tunica palmatd) with a 
crown of laurel on his head, Liv. ii. 47. x. 8. Dionys. v. 47. Plin. 
XV. 30. V. 39. a branch of laurel in his right hand, Plut. in ^^mil, 
and in his left an ivory sceptre, with an eagle on the top, Juvenal, 
X. 43. having his face painted with vermilion, in like manner as the 
statue of Jupiter on festival days, Plin. xxxiii, 7. s. 36. and a golden 
ball (aurea bulla,) hanging from his neck on his breast, with some 
amulet in it, or magical preservative against envy, Macroh. Sat. i. 6. 
standing in a gilded chariot, {stans in curru aurato,) Liv. v. 23, 
adorned with ivory, Ovid. Pont. iii. 4. 35. Juvenal, viii. 3. and 
drawn by four white horses, Ovid. Art. i. 214. at least after the time 
of Camillus, Liv. v. 23. sometimes by elephants, Plin. viii. 2. at- 
tended by his relations, Suet. Tib. 2. Domit. 2. Cic. Murcen. 5. and 
a great crowd of citizens, all in white, Juvenal, x. 45. His children 
used to ride in the chariot along with him, Liv. xlv. 40. Appian. de 
Punic, and, that he might not be too much elated, (ne sibi placer et,) 
a slave, carrying a golden crown sparkling with gems, stood behind 
him, who frequently whispered in his ear, Reme!vij5er that thou 
ART A MAN ! Plin. xxxiii. 1. s. 4, Juvenal, x. 41. Zonar. ii. Tertull. 
Apolog. 33. After the general, followed the consuls and senators 
on foot, at least according to the appointment of Augustus ; for for- 
merly they used to go before him, Dio Ii. 21. His legati and mili- 
tary tribunes commonly rode by his side, Cic. Pis. 25. 

The victorious army, horse and foot, came last, all in their order, 
crowned with laurel, and decorated with the gifts which they had 
received for their valour, singing their own and their general's 
praises, Liv. v. 49. xlv. 38. but sometimes throwing out railleries 
against him, Suet, Jul. 49. 51. Dionys. vii. 72. Martial, i. 5. 3. often 
exclaiming, lo Triumphe, in which all the citizens, as they passed 
along, joined, Horat. Od. iv. 2. 49. Ovid. Trist. iv. 2. 51. Amor. i. 
2. 34. 

The general, when he began to turn his chariot from the Forum 



328 ROMAN ANTIQUITIES. 

to the Capitol, ordered the captive kings and leaders of the enemy 
to be led to prison, and there to be slain, Cic. Verr, v. 30. Liv. xxvi. 
13. Dio, xl. 41. xliii. 19. but not always, Appian, de Bell. Mithrid. 
253. Liv. xlv. 41. 42. and when he reached the Capitol, lie used to 
wait till he heard that these savage orders were executed, Joseph, 
de bell. Jud. vii. 24. 

Then, after having offered up a prayer of thanksgiving to Jupiter 
and the other gods for his success, he commanded the victims to be 
sacrificed, which were always white, Ovid. ibid, from the river Cli- 
tumnus, rirg. G. ii. 146. and deposited his golden crown in the lap 
of Jupiter, {iugremio Jovis,) Senec. Helv. 10. to whom he dedicat- 
ed part of the spoils, Plin. xv. 30. xxxv. 40. After which he gave a 
magnificent entertainment in the Capitol to his friends, and the chief 
men of the city. The consuls were invited, but were afterwards 
desired not to come, (ut venire supersederent,) that there might be 
no one at the feast superior to the triumphant general, Val. Max. ii. 
8. 6. After supper, he was conducted home by the people, with 
music and a great number of lamps and torches, Dio. xliii. 22. Flor. 
ii. 2. Cic. Sen. 13. which sometimes also were used in the triumphal 
procession, Suet. Jul. 37. 

The gold and silver were deposited in the treasury, Liv. x. 46. 
and a certain sum was annually given as a donative to the officers 
and soldiers, who were then disbanded, {exaudoraii et dimissi,) Liv. 
xxviii. 9. XXX. 45. xxxvi. 40. — The triumphal procession sometimes 
took up more than one day ; that of Paulus JEmilius, three, Plutarch. 

When the victory was gained by sea, it was called a Naval Tri- 
umph ; which honour was first granted to Duilius, who defeated the 
Carthaginian fleet near Liparce in the first Punic war, A. U. 493. 
Liv. Epit. 17. and a pillar erected to him in the Forum, called Co- 
LUMNA RosTRATA, Quiuctil. i. 7, SH. vi. 663. with an inscription, 
part of which still remains. 

When a victory had been gained without difficulty, or the like, 
Gell. V. 6. an inferior kind of triumph v/as granted, called OVATIO, 
in which the general entered the city on foot or on horseback, Dio. 
liv. 8. crowned with myrtle, not with laurel, Plin. xv. 29. s. 38. and 
instead of bullocks, sacrificed a sheep, (ovein,) whence its name. 
Plut. in Marcell. Dionys. v. 47. viii. 9. Liv. iii. 10. xxvi. 21. xxxi. 
20. xxxiii. 28. xli. 28. 

After Augustus, thehonour of a triumph was in a manner confined 
to the emperors themselves. Dio. lix. 19. & 23. and the generals 
who acted with delegated authority under their auspices, only receiv- 
ed triumphal ornaments, a kind of honour devised by Augustus, Suet, 
Aug. 38. Tib. 9. Dio. liv. 24. 31. Hence L. Vitellius, having taken 
Terracina by storm, sent a laurel branch in token of it {lauream pro- 
spered gcstcE rei) to his brother. Tacit. Hist. iii. 77. As the empe- 
rors were so great, that they might despise triumphs, Flor. iv. 12. 53. 
so that honour was thought above the lot of a private person ; such 
therefore usually declined it. although oflTered to them ; as Vinicius, 
Dio. liii. 26. Agrippa, Id, liv. 11. & 24. Plautius, Id. Ix. 30. We 



MILITARY PUNISHMENTS. 329 

read, however, of a triumph being granted to BeHsarius the general 
of Justinian, for his victories in Africa, which he celebrated at Con- 
stantinople, and is the last instance of a triumph recorded in history 
Procop. The last triumph celebrated at Rome was by Diocletian 
and Maximiaij, 20 Mv, A. D. 303. Eutrop. ix, 27. just before they 
resigned the empire, Ih. 28. 

VII. MILITARY PUNISHMENTS, 

These were of various kinds, either lighter or more severe. 

The lighter punishments, or such as were attended with inconve- 
nience, loss, or disgrace, were chieily these, 1. Deprivation of pay, 
either in whole or in part, (stipendio privari,) Liv. xl. 41. the pun- 
ishment of those who were often absent from their standards (Infre- 
^UENTEs,) Plant. True. ii. 1. 19. A soldier punished in this man- 
ner was called JKre dirutus, Fesius. Whence Cicero facetiously 
applies this name to a person deprived of his fortune at play, Verr, 
V. 13. or a bankrupt by any other means, Phil. xiki. 12.-. 2. For- 
feiture of their spears, Censio Hastaria, Festus. 3. Removal 

from their tent, {locum in quo tenderent mutare,) Liv. xxv. 6. some- 
times to remain without the camp and without tents, Liv. x. 4. or 
at a distance from the winter-quarters, Liv. xxvi. 1. Val. Max. ii. 

7. 15. 4. Not to recline or sit at meals with the rest, {cibum stan- 

tes capere) Liv. xxiv. 16. 5. To stand before the prcstorinm in a 

loose jacket. Suet. Aug. 24. Val. Max. ii. 7. 9, and the centurions 
without their girdle, (discincti.) Liv, xxvii, 13. or to dig in that dress, 
Plut. in LuculL— — -6, To get an allowance of barley instead of 

wheat, (Jiordeo pasci,) Liv. ibid. Suet Aug. 24. 4. Degradation 

of rank, {gradus dejectio ;) an exchange into an inferior corps or less 

honourable service, {mililicB mutatio,) Val. Max. ibid. 8. To be 

removed from the camp, {a castris segregari,) and employed in va- 
rious works, Veget. iii. 4. an imposition of labour, luunerum indictio^ 
or dismission with disgrace, {ignominiose mitti,) Hirt. de bell. Afr. 
54. vel EXAUCTORATio, Plin. Ep. vi, 31. A. Gellius mentions a 
singular punishment, namely, of letting blood, {sanguinem miltendi,) 
X. 8. Sometimes a whole legion was deprived of its name, as that 
called Augusta^ Dio. liv. 11. 

The more severe punishments were, 1. To be beaten with rods, 
{virgis ccsdi,) or with a vine- sapling, (vile,) Val. Max. ii. 7. 4. Juve- 
nal, viii. 247. 2. To be scourged and sold as a slave, Liv. EpiL 

55. 3. To be beaten to death with sticks, called FUSTUARL 

UM, the bastinado, Liv. v. 6. Cic. Phil. iii. 6. Polyh. vi. 35. which 
was the usual punishment of theft, desertion, perjury, &:c. When a sol- 
dier was to suffer this punishment, the tribune first struck him gently 
with a staff, on which signal all the soldiers of the legion fell upon 
him with sticks and stones and generally killed him on the spot. If 
he made his escape, for he might fly, he could not however return to 
his native country, because no one, not even his relations, durst ad- 
mit him into their houses, Polyb, ibid. 4. To be overwhelmed 

with stones {lapidibus cooperiri^) and hurdles, {sub crate necari,) Liv. 

42 



330 ROMAN ANTIQUITIES. 

i. 51. iv. 50. 5. To be beheaded, {securi percuti,) Liv. ii. 59. 

xxviii. 29. Epit. xv. sometimes crucified, Liv. xxx. 43. and to be 

left unburied, VaL Max. ii. 7. 15. 6. To be stabbed by the 

swords of the soldiers, Tacit. Annal. i. 44. and under the emperors, 
to be exposed to wild beasts, or to be burnt alive, &c. 

Punishments were inflicted by the legionary tribunes and prasfects 
of the allies with their council ; or by the general, from whom there 
was no appeal, Polyb. vi. 35. 

When a number had been guilty of the same crime, as in the case 
of mutiny, every tenth man was chosen by lot for punishment, which 
was called DECIMATIO, Liv. ii. 59. Cic. Clumt. 46. Suet. Aug, 
24. Galb. 12. Tacit. Hist. i. 37. Plutarch, in Crass. Dlo. xli. 35. 
xlviii. 42. xlix. 27. & 38. or the most culpable were selected, Liv. 
xxviii. 29. Sometimes only the 20th man was punished, vicesi- 
MATio ; or the 100th, centesimatio, Capitolin. in Macrin. 12. 

VIII, MILITARY PAY and DISCHARGE. 

The Roman soldiers at first received no pay {stipendium) from 
the public. Every one served at his own charges. 

Pay was first granted to the foot, A. U. 347. Liv. iv. 59. and 
three years after, during the siege of Veji, to the horse. Id. v. 7. 

It was in the time of the republic very inconsiderable ; two oboli^ 
or three asses, (about 2^-d. English,) a day to a foot soldier, the 
double to a centurion, and the triple to an eques, Polyb. vi. 37. 
Plant. Most. ii. 1. 10. Liv. v. 12. Julius Caesar doubled it. Suet. 
Jul. 26. Under Augustus, it was ten asses, (7f d.) Suet. Aug. 49. 
Tacit. Ann. i. 17. and Domitian increased it still more, by adding 
three gold pieces annually, Suet. Domit. 7. What was the pay of 
the tribunes, is uncertain ; but it appears to have been considerable, 
Juvenal, iii. 132. The prsetorian cohorts had double the pay of the 
common soldiers, Dlo. liv. 25. Tacit, ib. 

Besides pay, each soldier was furnished with clothes, and received 
a certain allow€ince (dimensum) of corn, commonly four bushels a 
month, the centurions double, and the equites triple, Polyb. vi. 37. 
But for these things a part of their pay was deducted, Tacit. Ann. i. 
17. Polyb. ib. 

The allies received the same quantity of corn, except that the 
horse only received double of the foot. The allies were clothed and 
paid by their own states, Polyb. ibid. 

Anciently there were no cooks permitted in the Roman army. 
The soldiers dressed their own victuals. They took food twice a day, 
at dinner and supper. A signal was publicly given for both. The 
dinner was a slight meal, which they commonly took standing. 
They indulged themselves a little more at supper. The ordinary 
drink of soldiers, as of slaves, was water mixed with vinegar, called 
PoscA, Plaut. Mil. iii. 2. 23. 

When the soldiers had served out their time, {siipendia legilima 
fecissent vel meruissent,) the foot twenty years, and the horse ten, 
they were called Emeriti, I^ucaii. i. 344. and obtained their dis- 



ATTACK AND DEFENCE, &c. 331 

charge. This was called MJSSIO HONESTA vel justa. When 
a soldier was discharged for some defect or bad health, it was call- 
ed Missio Causaria ; if, from the favour of the general, he was dis- 
charged before the just time, Missio gratiosa, Liv, xliii. 14. if on 
account of some fauh, laNoraiNiosA, Hirt, de hell. Afr. 54. D. de re 
milit. I, 13. 

Augustus introduced a new kind of discharge, called Exauctora- 
Tio, by which those who had served sixteen campaigns, were ex- 
empted from all military duty except fighting. They were, however, 
retained [tcnchantur) in the army, not with the other soldiers under 
standards {sub signis el aqidlis,) but under a flag by themselves, {sub 
vexillo seorsim, Tacit. Annal. i. 36. whence they were called VEX- 
ILLARII or Veterani, sometimes all Subsignani, Tacit. Hist, i. 70.) 
till they should receive a full discharge, and the rewards of their 
service {prcBmia vel commoda mililice,) either in lands or money, or 
both, Suet, Aug, 49. Cat, 44. Cic, Phil, ii. 40. Virg, Ed. i. 71. ix. 
"2, — 5. Horat. Sat. ii. 6. 55. which sometimes they never obtained, 
Tacit, Annal, i. 17. Suet, Tiber, 48. Dio, liv. 25. Exauctorare is 
properly to free from the military oath; to disband, Liv, viii. 34. 
XXV. 20. Suet, Aug, 24. Vit, 10. 

IX. METHOD of ATTACKLYG and DEFEKDING TOWNS, 

The Romans attacked {oppugnahant) places either by a sudden 
assault, or, if that failed, {si subito impetu expugnare nan poterant^) 
they tried to reduce them by a blockade, Cfzs, B, G, vii. 36. 

They first surrounded a town with troops {corona cingebant, vel 
cii'cundabant, Liv. vii. 27. xxiii. 44. xxiv, 2. mania exercilu circum- 
venerunt, Sallust. Jug. 57.) and by their missive weapons endeavour- 
ed to clear the walls of defendants, {nudare muros defensoribus, vel 
propugnatoribus.) Then, joining their shields in the form ofatestudo 
or tortoise, {testudine facta v, acta,) Liv. xliv. 9. Dio. xlix. 30. to se- 
cure themselves from the darts of the enemy, they came up to the 
gates, {succedere portis,) and tried either to undermine (subruere vel 
subfodere) the walls, or to scale them, Liv, x. 43. xxvi. 45. xxxiv. 
39. xliv. 9. Cces, B, G. ii. 6. Tacit, Hist, iii. 28. 31. Sallust, Jug. 94. 

When a place could not be taken by storm, it was invested, TJv. 
ii. 11. Two lines of fortifications or intrenchments {ancipitia mu- 
nimenta vel munitiones) were drawn around the place at some dis- 
tance from one another, called the lines of contravallation and cir- 
cumvallation ; the one against the sallies of the townsmen, and the 
other against attacks from without, Liv, v. 1. xxxviii. 4. 

These lines were composed of a ditch and a rampart, strengthen- 
ed with a parapet and battlements, {lorica et pinna;,) and sometimes 
a solid wall of considerable height and thickness flanked with towers 
and forts at proper distances round the whole. 

At the foot of the parapet, or at its junction with the rampart, {ad 
commissuras pluteorum atque aggeris) there sometimes was a palli- 
sade made of large stakes cut in the form of stags' horns ; hence call- 
ed CERVI, to prevent the ascent of the enemy. Before that, there 



i 



332 ROMAN ANTIQUITIES, 

were several rows of trunks of trees, or large branches sharpened 
at the ends, {prceacutis cacuminibns ,) called CIPPI, fixed in trenches 
{fosscB) about five feet deep. In front of these were dug pits {scrobes) 
of three feet deep, intersecting one another in the form of a quin- 
cunx, thus, 



stuck thick with strong sharp stakes, and covered over with bushes 
to deceive the enemy, called LILIA. Before these, v/ere placed up 
and down {omnibus locis disserebantur) sharp stakes, about a foot 
long, (Tale^,) fixed to the ground with iron hooks, called Stimuli, 
In front of all these, Caesar, at Alesia, made a ditch twenty feet wide, 
400 feet from the rampart, which was secured by two ditches, each 
fifteen feet broad, and as many deep ; one of them filled with water. 
But this was merely a blockade, without any approaches or attacks 
on the city, Ciss. B, G. vii. 66. 67. 

Between the lines were disposed the army of the besiegers, who 
Were thus said, Urbem obsidione claudere vel cingere, to invest. 

The camp was pitched in a convenient situation to communicate 
with the lines. 

From the inner line was raised a mount, (AGGERS' exstruebatur) 
composed of earth, wood, and hurdles, (crates,) and stone, which 
was gradually advanced (promovebatur) towards the town, always 
increasing in height, till it equalled or overtopped the walls. The 
mount which Caesar raised against Avaricum or Bourges, was 330 
feet broad, and 80 feet high, Cas. B. G. vii. 23, 

The Agger or mount was secured by towers consisting of different 
stories {iurre.s contabulatcB,) from which showers of darts and stones 
were discharged on the townsmen by means of engines, {lormenta,) 
called Catapults, Balist^, and Scorpiones, to defend the work 
and workmen, {opus et administros tutari,) Sallust. Jug. 76. 'Of these 
towers Ca3sar is supposed to have erected 1561 on his lines around 
Alesia, Cces. de Bell. G. vii. 7*2. The labour and industry of the 
Roman troops were as remarkable as their courage. 

There were also moveable towers, (Torres mobiles vel ambu- 
latori^-,) which were pushed forward {admovebantur vel adigeban- 
tur) and brought back {reducebantur) on wheels, fixed below {rotis 
subjectis) on the inside of the planks, Cces. B. G. ii. 31. v. 42. vii. 
24. Hirt. de bell. Alex. 2. Liv. xxi. 11. 

To prevent them from being set on fire by the enemy, they w^ere 
covered with raw hides (^coria) and pieces of coarse cloth and mat- 
tresses, {ceniones vel cilicia,) Caes. de bell. Civ. ii. 10. They were of 
an immense bulk, sometimes thirty, forty, or fifty foot square, and 

* The Aggrr, or Mount, was employed in modern times, by the Russians ; I 



ATTACK AND DEFENCE, &c. 333 

higher than the walls, or even than the towers of the city. When 
ihey could be brought up to the walls, a place was seldom able to 
stand out long. Lie. xxi. 11. 14. xxxii. 17. xxxiii. 17. 

But the most dreadful machine of all v/as the battering ram, 
(ARIES,) a long beam, like the mast of a ship, and armed at one end 
with iron in the form of a ram's head ; whence it had its name. It 
was suspended by the middle with ropes or chains -fastened to a beam, 
that lay across two posts, and hanging thus equally balanced, it was 
by a hundred men, more or less, (who were frequently changed,) vio- 
lently thrust forward, drawn back, again pushed forward, till by re- 
peated strokes it had shaken and broken dov^^n the wall with its iron 
head, Vcgd. iv. 14. Liv. xxi. 12. xxx. 32. 46. xxxii. 23. xxxviii. 5. 
Joseph, de bell. Jud. iii. 9. 

The ram was covered with sheds or mantlets, called VINEJE, ma- 
chines constructed of wood and hurdles, and covered with earth or 
raw hides, or any materials, which could not easily be set on fire. 
They were pushed forwards by wheels below,) rolls subjectis agebau' 
tur \ci\.i7npellebantur,) Sallust. Jug. 76. Under them, the besiegers 
either worked the ram, or tried to undermine the walls, Liv. ii. 17. 
V. 7. x. 34. xxi. 7. 6i. xxiii. 18. 

Similar to the FinecB in form and use were the TESTUDINES ; 
so called, because those under them were safe as a tortoise under its 
shell, Liv. V. 5. Cas. B. G. v. 41. 50. de bell. Civ. ii. 2. 14. 

Of the same kind were the PLUTEI, Liv. xxi. 61. xxxiv. 17. Cces, 
passim, the Musculus, ibid. &c. 

These mantlets or sheds were used to cover the men in filling up 
the ditches, and for various other purposes, Cces. B. G. vii. 58. 

When the nature of the ground would permit these machines 
to be erected or brought forward to the walls, the besiegers some- 
times drove a mine (CUNICULUM agebani) into the heart of the 
city, Liv. v. 19. 21. or in this manner intercepted the springs of wa- 
ter, Hirt. de Bell. Gell. viii. 41. 43. 

When they only wished to sap the foundation of the walls, they 
supported the part to be thrown down with wooden props, which be- 
ing consumed with fire, the wall fell to the ground. 

In the mean time the besieged, to frustrate the attempts of the be- 
siegers, met their mines'^ with countermines, (iransversis cnniculis 
hostium cuniculos excipere,) Liv. xxiii. 18. which sometimes occa- 
sioned dreadful conflicts below ground, xxxviii. 7. The great ob- 
ject was to prevent them from approaching the walls {apertos, sc. ab 
hostibas vel Romanis, cuniculos morabantur, mcRnibusque appropin- 
quare prohibebant, Cses. B. G. vii. 22. 

The besieged also, by means of mines, endeavoured to frustrate 
or overturn the works of the enemy, Cccs. B. G. iii. 21. vii. 22. 
They withdrew the earth from the mount, {terram ad se introrsus 
subtrahebant,) or destroyed the works by fires below, in the same 

* Mining and countermining have been often used in modern times, especially in 
Flanders and the Low Countries. 



334 ROMAN ANTIQUITIES. 

manner as the besiegers overturned the walls, Cces. ibid. Joseph, de 
Bell. Jvd. iii. 12. 

When they apprehended a breach would be made, they reared 
new walls behind, with a deep ditch before them. They employed 
various methods to weaken or elude the force of the ram, and to de- 
fend themselves against the engines and darts of the besiegers, Liv, 
xlii. 63. But these and every thing else belonging to this subject, 
will be best understood by reading the accounts preserved to us of 
ancient sieges, particularly of Syracuse by Marcellus, Liv. xxiv. 33. 
ofAmbracia by Fulvius, /J. xxxviii. 4. of Alesia by Julius Caesar, 
de Bell. Gall. vii. of Marseilles by his lieutenants, Gois. B. Civ. ii. 
and of Jerusalem, by Titus Vespasian, Joseph, de Bell. Jud. 

When the Romans besieged a town, and thought themselves sure 
of taking it, they used solenmly {cerlo carmine) to call out of it (evo- 
care) the gods, under whose protection the place was supposed to 
be, Liv. V. 21. Hence when Troy was taken, the gods are said to 
have left their shrines, Virg. JEn. ii. 351. For this reason, the Ro- 
mans are said to have kept secret their tutelary god, and the Latin 
name of the city, Plin. iii. 5. s. 9. xxviii. 2. s. 4. Macroh. iii. 9. 

The form of a surrender we have, Tav. i. 38. Plant. Amph. i. 1. 
71. & 102. and the usual manner of plundering a city when taken, 
Polyb. X. 16. 

NAVAL AFFAIRS OF THE ROMANS. 

Navigation* at first was very rude, and the construction of ves- 
sels extremely simple. The most ancient nations used boats made of 
trunks of trees hollowed {ex singulis arhorihis cavatis,) Virg. G. 126. 
262. Plin. xvi. 41. Liv. xxvi. 26. called Alvei, lintres, scaph^ 
vd MONOXYLA, Pater c. ii. 107. Ovid. Fast. ii. 407. Liv. i. 4. xxv. 
3. Plin. vi. 23. Strab. iii. 155. or composed of beams and planks 
fastened together with cords or wooden pins called RATES, Festus ; 
or of reeds, called Cannm, Juvenal, v. 89. or partly of slender planks 
(carince ac stalumina, the keels and ribs, ex levi materia,) and partly 
of wicker hurdles or basket work, {reliqmim corpus 7iavium viminibus 
contextum.) and covered with hides, as those of the ancient Britons, 

* In nothing perhaps has improvement been more conspicuous than in building, 
equipping, working, and conducting ships. In the gloom of ignorance and barba- 
rism Naval Architecture was very rude and uncouth ; but discoveries on this subject 
were so acceptable to mankind, that inventions, tending to improve the arts of Na- 
vigation and Naval Architecture, were deemed worthy of the greatest honours, and 
often elevated the inventors to the rank of deities. Hence .,'irgo and others, which 
were new ships of a better construction than those which had preceded them, ob- 
tained a place among the stars. Among the ancient Egyptians and Sicilians, very- 
large ships were built, and among the former, some ofa very great size were employ- 
ed in commerce ; but they were unwieldy, and difficult to be managed. The pro- 
gress of commerce, and the discovery of the compass and of gunpowder, have stimu- 
lated the minds of men to exertions in the improvement of Naval Architecture, for 
the amelioration of private fortune, and for the attainment of warlike glory. 

It is impossible, perhaps, yet to ascertain the many advantages that may accrue 
from the late discovery of a method for propelling vessels by steam, against wind and 
tide. We can only say, it forms a new era in the art of Navigation ; but all its ef- 
fects cannot be foreseen, though very extraordinary results may be expected. E. 



NAVAL AFFAIRS, &c. 335 

€(£s, B. G, i. 54. Lucan. iv. 131. and other nations, Herodot. i. 194 
Dio. xlviii. 18. hence called Navigia vitilia corio circumsuta, Plin. 
iv. 16. vii. 56. and naves sutiles, xxiv. 9. s. 40. in allusion to which, 
Virgil calls the boats of Charon Cymba sxdilis^ Mn vi. 414. some- 
what similar to the Indian canoes, which are nmde of the bark of 
trees ; or to the boats of the Icelanders and Esquimaux Indians, 
which are made of long poles, placed crosswise, tied together with 
whale sinews, and covered with the skins of sea dogs, sewed with 
sinews instead of thread. 

The Phoenicians, or the inhabitants of Tyre and Sidon, are said to 
have been the first inventors of the art of saiHng, as of letters and 
astronomy, Plin. v. 12. For Jason, to whom the poets ascribe it, 
Ovid, Met, vi. vers. ult. et Amor. ii. 11. 1. Lucan. iii. 194. and the 
Argonauts, who first sailed under Jason from Greece to Colchis in 
the ship Argo, in quest of the golden fleece, that is, of commerce, 
flourished long after the Phoenicians were a powerful nation. But 
whatever be in this, navigation certainly received from them its 
chief improvements. 

The invention of sails is by some ascribed to JEolus, the god of the 
winds, Diodor. v. 7. and by others to Daedalus ; whence he is said 
to have flown like a bird through the air, Virg. Mn. vi. 15. — They 
seem to have been first made of skins, which the Veneti^ the people 
of Vienne in Gaul, used even in the time of Caesar, B. G. iii. 13. af- 
terwards of flax or hemp ; whence lintea and carbasa, (sing, -us,) are 
put for vela, sails. Sometimes cloths spread out were used for sails, 
Tacit. Annal. ii. 24. Hist, v. 23. Juvenal, xii. 66. 

It was long before the Romans paid any attention to naval affairs. 
They at first had nothing but boats made of thick planks (ex tabulis 
crassioribus, Festus,) such as they used on the Tiber, called Naves 
Caudicari^ ; whence Appius Claudius, who first persuaded them to 
fit out a fleet, A. U. 489. got the surname of Caudex, Senec. de brev. 
vitce, 13. Farr. de Fit. Rom. 11. They are said to have taken the 
model of their first ship of war from a vessel of the Carthaginians, 
which happened to be stranded on their coasts, and to have exercis- 
ed their men on land to the management of ships, Polyb. i. 20. & 21. 
But this can hardly be reconciled with what Polybius says in other 
places, nor with what we find in Livy about the equipment and ope- 
rations of a Roman fleet, Liv. ix. 30. 38. Their first ships of war 
were probably built from the modelof those of .^^iiiWTTi, which, after 
the reduction of that city, were brought to Rome, A. U. 417. Liv. 
viii. 14. It was not, however, till the first Punic war that they 
made any figure by sea. 

Ships of "war were called NAVES LONGiE, because they were 
of a longer shape than ships of burden, {naves ONERARI^E. oXxoLdcs, 
whence hulks ; or barca, barks, Isidor. xix. 1.) which were more 
round and deep, C<£s. B. G. iv. 20. v. 7. The ships of war were 
moved chiefly by oars, the ships of burden by sails, C(2s. B. G. iv. 
25. Cic. Fam. xii. 15. and as they were more heavy {graviores), and 
sailed more slowly, they were sometimes towed [remulco tracice) af- 
ter the war ships, Liv. xxxii. 16 



336 ROMAN AN'TIQUITIES. 

Their ships of war were variously named from their rows or ranks 
of oars {ah ordinibus remorvm). Those which had two rows or tiers 
were called Biremes, {Dicrota, Cic. Att. v. 11. xvi. 4. vel DicrotcSf 
Hirt. B. Alex. 47.) three, triremes ; four, quadriremes ; five, guin- 
quereme^ vel penteres. 

The Romans scarcely had any ships of more than five banks of oars; 
and therefore those of six or seven banks are called by a Greek name, 
Hexeres, Hepteres, Liv. xxxvii. 23. and above that by a circumlocu- 
tion, naves, octo, novem, decent ordinum, vel versuum, Flor. iv. 11. 
Thus Livy calls a ship of sixteen rows, {hxai8sx,-]^'ric^ Polyh,) navis in- 
gentis magnitudinis, quayn sexdecim versus remorum agebani, Liv, 
xlv. 34. This enormous ship, however, sailed up the Tiber to Rome, 
Ibid. The ships of Antony, (which Florus says resembled float- 
ing castles and towns, iv. 11. 4. Virgil, floating islands or mountains, 
jEw. viii. 691. So Dio.l. 33.) had only from six to nine banks of 
oars, Fior. iv. 4. Dio says from four to ten rows, 1. 23. 

There are various opinions about the manner in which the rowers 
sat. That most generally received is, that they were placed above 
one another in different stages or benches {in translris vel jugis) on 
one side of the ship, not in a perpendicular line, but in the form of a 
quincunx. The oars of the lowest bench were short, and those of the 
other benches increased in length, in proportion to their height above 
the water. This opinion is confirmed by several passages in the 
classics, Virg. Mn. v. 119. Lucan. iii. 536. SiL Italic, xiv. 424. and 
by the representations which remain of ancient galleys, particularly 
that on Trajan's pillar at Rome. It is, however, attended with dif- 
ficulties not easily reconciled.* 

There were three different classes of rowers, whom the Greeks 
Q,^\ed Thranit(JSyZeugitai, or Zeifgioi,- and TJialamila;, or -to/, from 
the different parts of the ship in which they were placed. The first 
sat in the highest part of the ship, next the stern ; the second, in the 
middle ; and the last in the lowest part, next the prow. — Some think 
that there were as many oars belonging to each of these classes of 
rowers, as the ship was said to have ranks or banks of oars ; Others, 
that tliere were as many rowers to each oar, as the ship is said to 
have banks ; arid some reckon the number of banks by that of oars 
on each side. In this manner they remove the difficulty of suppo- 
sing eight or ten banks of oars above one another, and even forty ; 
for a ship is said by Plutarch and Athenajus, to have been built by 
Ptolemy Philopator which had that number : So Plin. vii. .56. But 
these opinions are involved in still more inextricable difficulties. 

Ships contrived for lightness and expedition {naves ACTUARI^E) 
had but one rank of oars on each side, {simplice ordine agebantury 
li.w7i^eig, Tacit. Hist. v. 23.) or at most two, Cess. B. G. v. 1. Lucan. 

* The late British Gen. Stewart, in a publication on this subject, has endeavour- 
ed to show the form and management of the Roman ships; and by comparing the 
representation on Trajan's pillar with the descriptions to be found in the classics, has 
cleared up many of these difficulties. According to him, the sides of their vessels 
forued an angle of 45 degrees with the surface of the water, Zeugitae. 



NAVAL AFFAIRS, &c. ^7 

m. 534. They were of different kinds, and called by various names ; 
as, Celoces, i. e. naves celeres vel cursorice, Lemhi, Phaseliy Myopar^- 
nesy &;c. Cic. et Liv. But the most remarkable of these were the 
naves LIBURNiE, Horat. Epod. i. 1. a kind of hght galleys, used by 
the Lihurni, a people of Daimatia addicted to piracy. To ships of 
this kind Augustus was in a gi'eat measure indebted for his victory 
over Antony at Actium, Dio. 1. 29. 32. Hence, after that time, the 
name of naves LIBURN^ was given to all light quick-sailing ves- 
sels, and few ships were built but of that construction, Feget, iv. 33. 

Ships were also denominated from the country to which they be- 
Jonged, Cces. B. G. iii. 5. Cic. Verr, v. 33. and the various uses to 
which they were appUed ; as, Naves Mercatorije, frumeniaricbj 
vinaricBf olearicB ; PiscATORiiE, Liv, xxiii. L vel lenunculi, fishing- 
boats, Cces. B, C. ii. 39. Speculatori^ et exploraiorice, spy-boats, 
Liv. XXX. 10. xxxvi. 42. PiRATiciE vel predatorice, Id. xxxiv. 32. 36. 
Hyppagogze vel Hyppagines, for carrying horses and their riders, 
Liv. xliv. 28. Gell. x. 25. Festus. Tabellarije, message-boats, Se- 
nee. Epist. 77. Plant. Mil. Glor. iv. 1. 39. Vector i^ gravesque, 
transports and ships of burden ; Annotinx privattjeque, built that or 
the former year for private use : Some read annonarim, i. e. for car- 
rying provisions, Cces. B. G. v. 7. Each ship had its long-boat join- 
ed to it, {cymbulcB onerariis adhcerescebant,) Plin. Ep. 8. 20. 

A large Asiatic ship among the Greeks was called Cercurus, 
Plant. Merc. i. 1. 86. Stick, ii. 2. 84. iii. 1. 12. it is supposed from 
the island of Corcyra ; but Pliny ascribes the invention of it to the 
Cyprians, vii. 56. 

Galleys kept by princes and great men for amusement, were call- 
.ed by various names; Triremes ceret(Bve\(Bratce, Insorice et cubiculatw 
vel thalamegi, pleasure-boats or barges, Senec, de hen. vii. 20. Suet. 
CcBS. 52. privcB, i. e. proprice et non meritoricB, one's own, not hired, 
Horat. Ep. i. 1. 92. sometimes of immense size^ Deceres vel decern* 
remeSf Suet. Cal. 37. 

Each ship had a name peculiar to itself inscribed or painted on its 
prow: thus, Pristis, Scylla, Centaurus, &c. Virg. JEn.v. 116. 
&c. called PARASEMON, its sign, Herodot. viii. 89. Liv. xxxvii. 
29. or INSIGiNE, Tacit. Ann. vL 34. as its tutelary god {tutela vel 
iutelare numen) was on its stern, Ovid. Trist. i. el. 3. v. 110. et el. 9. 
V. 1. Herod, xvi. 112. Pers. vi. 30. Sil. Ital. xiv. 411. 439. whence 
that part of the ship was called TUTELA or Cautela, and held sa- 
cred by the mariners, Lucan. iii. 501. Senec. Epist, 76. Petron. c. 
105. There supplications and treaties were made, Liv.. xxx. 36. 
Sil. Ital. xiii. 76. 

In some ships, the tutela and ■Ji'a^aC'/jiij.ov were the same, Serv. ad. 
Virgil. Mn. v. 116. Act. Apost. xxviii. 11. 

Ships of burden used to have a basket suspended to the top of 
their mast as their sign, {pro signo,) hence they were called Oorbi- 
T^, Festus. Cic. Att. xvi. 6. Plant. Pan. iii. 1. 4. & 40. 

There was an ornament in the stern and sometimes on the prow, 
made of wood like the tail of a lish, called APLUSTRE, vel plur. 

43 



338 ROMAN ANTIQUITIES. 

-trt, from which was erected a staff or pole with a riband or streamer 
(fascia vel tcenia) on the top, Juvenal, x. 136. Lucan. iii. 671. 

The ship of the commander of a fleet {navis prceioria) was distin- 
guished by a red flag, {vexillum vel velum purpureum,) Tacit. Hist. 
V. 22. Plin. xix. 1. Caes. B. C. ii. 6. and by a light, Flor, iv. 8. Virg. 
Ma. ii. 256. 

The chief parts of a ship and its appendages were, CARINA, the 
keel or bottom ; Statumina, the ribs, or pieces of timber which 
strengthened the sides ; PRORA, the prow, or fore-part ; and PUP- 
PIS, the stern or hind-part ; ALVEUS, the belly or hold of the ship ; 
SENTINA, the pump, Cces. B. C. iii. 25. or rather the bilge or bot- 
tom of the hold, where the water, which leaked into the ship, re- 
mained till it was pumped out ; {donee per antliam exhauriretur,) 
Cic. Fam. ix. 15. Sen. 6. Martial, ix. Ip. 4. Suet. Tib. 51. or the 
bilge-water itself, Juvenal, vi. 99. properly called nautea. Plant. 
A sin, V. 2. 44. Nonius. 1. 25. In order to keep out the water, ships 
were besmeared with wax and pitch ; hence called ceratji, Ovid, 
Her. V. 42. 

On the sides (latera) were holes (foramina) for the oars, (REMI, 
called also by the poets tonsce ; the broad part or end of them,pa/- 
m«, vel palmula ,) and seats (sedilia vel transtra) for the rowers, 
(remiges.) 

Each oar was tied to a piece of wood, [paxillus vel lignum teres,) 
called SCALMUS, by thongs or strings, called Stroppi vel slrvppi, 
Isid. xix. 4. hence scalmus is put for a boat, Cic. Off. iii. 14. Navi- 
aula duorum scalmorum, a boat of two oars, Cic. Orat. ii. 34. Actu- 
arial sc. navis, decern scalmis, Id. Att. xvi. 3. Quatuor scalmorum 
navis, Veil. ii. 43. The place where the oars were put when the 
rowers were done working, was called Casteria, Plant. Asin. iii. 
1. 16. 

On the stern was the rudder, (GUBERNACULUM vel clavus,) 
and the pilot, (gubernaior) who directed it. 

Some ships had two rudders, one on each end, and two prow^, so 
that they might be moved either way without turning, Tacit. Annal. 
iii, 6. much used by the Germans, Id. de Mor. G. 44. and on the 
Pontus Euxinus, or Black Sea, called CAMARiE, Strab. xi. 496 ; 
because in a swelling sea they were coveied with boards, like the 
vaulted roof of a house, (camera,) Tacit. Hist. iii. 47. Gell. x. 25, 
hence Camarit^s, the name of a people bordering on the Black Sea, 
Eustath. ad Dionys. 700. 

On the middle of the ship was erected the mast (MALUS,) which 
was raised, (attollebatur vel erigebatur,) Cic. Verr. v. 34. when the 
ship left the harbour, and taken down (inclinabatur vel ponebatur,) 
when it approached the land, Virg. JEn. v. 829. Lucan. iii. 45. the 
place where it stood was called Modius, Isid, xix. 2. The ships of 
the ancients had only one mast. 

On the mast were fixed the sail-yards, (Antenna vel brachia,) 
and the sails (VELA) fastened by ropes (funes vel rudentes.) Im- 
miitere rudentes, to loosen all the cordage ; pandere vela, to spread 
the sails, Plin. Ep. viii. 4. 



NAVAL AFFAIRS, &c. 339 

The sails were usually white, as being thought more lucky, Ovid, 
Her. ii. U. Catull, Ixiv. 225. &c. sometimes coloured, Plin. xix. i. 
s. 5. 

The ends of the sail-yards were called CORNUA ; from which 
were suspended two ropes called PEDES, braces, by pulling which 
towards the stern, the sails were turned to the right or left. If the 
wind blew obliquely from the left, they pulled the rope on the right, 
and so on the contrary : Hence facei-e pedem, to trim or adjust the 
sails, Virge ^n. v. 830. Ohliquat Icevo pede carbasa, turns the sails 
so as to catch the \yind blowing from the right, Liican. v. 428. so o6- 
liquat sinus in ventum, Virg. Mn. v. 16. Currere utroque pede, to 
sail with a wind right astern, or blowing directly from behind, Ca- 
tull. iv. 21. In contrariitm navigare prolaiis pedidibus, by tacking, 
Plin. ii. 57. s. 48. Intendere brachia velis, i. e. xela brachiis, to 
stretch the sails, or to haul them out to the yard-arms, Virg. ,EEn, 
V. 829. Dare vela ventis, to set sail, Virg. Mn. iv. 546. So Vela fa- 
cere, Cic. Verr. v. 34. or to make way, Virg. Mn. v. 281. Subdu- 
cere re/a, to lower the sails, Sil.yi. 325. Ministrare velis, vel -a, i. e. 
attendere, to manage, by drawing in and letting out the opposite 
braces, {a dducendo e.t remittendo \e\ prof erendo pedes,' Virg. ^n. vi. 
302. X. 218. Veils remis, sc. et ; i. e. summavi, manibus pedibnsque, 
omnibus ncrvis, with might and main, Cic. ad Q. Frair. ii. 14. Tusc. 
iii. 11. O^. iii. 33. but in the last passage the best copies have viris 
equisque • as, Phil. viii. 7. So remigio veloque, Plaut. Asin. 1. 3. 5. 
who puts navales pedes for rtmiges et nautcB, Men. ii. 2. ult. 

The top-sails were called SUPPARA velorum, Lucan. v. 429. or 
any appendage to the main-sail, Stat. Silv. ii. 2. 27. Senec. ep. 77. 

Carina, puppis, and even trabs, a beam, are often put by the poets 
for the whole ship ; but never vehim, as we use sail for one ship or 
many ; thus, a sail, an hundred sail. 

The rigging afid tackling of a ship, its sails, sail-yards, oars, ropes, 
&c. were called Armamenta, Plaut. Merc. i. 62. Hence arma is 
put for the sails, colligere armajubet, i. e. vda Qontrahere, Virg. JEn. 
V. 1.5. and for the rudder, spoliata armis, i. e. clavo, vi. 353. 

Ships of war {naves longte vel bellica:), and these only, had their 
prows armed with a sharp beak, (Rostrum, oftenerp/wr. rostra,) 
Cas. B. G. iii. 13. Sil. Ital. xiv. 480. which usually had three teeth 
or points, Virg. JEn. v. 142. viii. 690. whence these ships were 
called Rostrate, and because the beak was covered with brass, 
^Erat^, Cms. B, C. ii. 3. Horat. Od. ii. 16. 21. Plin. xxxii. 1. 

Ships when about to engage, had towers erected on them, whence 
stones and missive weapons were discharged from engines, Cces. B. 
G. iii. Flor. iv. 11. Plin. xxxii. 1. Plutarch, in Ant. called Pro- 
PUGNACULA, Flor. \\. 2. Horcit. Epod. i. 2. hence turritcB puppes, 
Virg. iEn. viii. 693. Agrippa invented a kind of towers which were 
suddenly raised, Serv. in Virg. Towers used also to be erected on 
ships in sieges, and at other times, Liv. xxiv. 34. Tacit. Ann. xv. 9. 
Sil. Ital. xiv. 418. 

Some ships of war were all covered {tect(B vel constratcB, xuToup^oix- 
^•oj ; qu(B xarai^ojiiMTa, tabulata vel constrata habebant, decks) ; othesr 



340 KOMAiNj AJSTIQUITIES. 

covered, {aptrt<B, a^p^axrot, v. -«,) Cic. Alt. v. 11. 12. vi. 8. & 12. ex- 
cept at the prow and stern, where those who fought, stood, Liv. xxx. 
43. xxxvi. 42. Cces. passim. Cic. Verr. v. 34. 

The planks or platforms (tabulata) on which the mariners sat or 
passed from one part of the ship to another, were called FORI, gang- 
ways, {ab eo quod incessus ferant,) Serv. ad Virg. £tln. iv. 605. vi. 
412. Cic. Sen. 6, and the helps to mount on boards, Pontes vel Sc a- 
L^ (iVi|8a^^a» vel xXiiiaxsf), Virg. Mn. X. 288- 654. 658. SUit. Sih, 
iii. 2. 55, Some take fori for the deck, (STEGA, cb, Plant, Bacck. 
ii. 3. 44. Stick, iii. 1. 12.) others for the seats. It is at least certain, 
they were both in the top of the ship, and below, SiL xiv. 425. Lu- 
can. iii. 630. We also find /bn^.?, sing. Gell. xvi. 19. 

The anchor, (ANCHORA,) which moored or fastened (fundabat 
vel alligabal) the ships, was at first of stone, sometimes of wood filled 
with lead, but afterwards of iron. It was thrown {jaciebatur} from 
the prow, Virg. ^ISn. vi. ult. by a cable, and fixed in the ground, 
while the ship stood (or, as we say, rode) at anchor, [ad anchoram 
vel in anchora stabat /) Ca?s. B. G. v. 10. and raised, {tollebatur vel 
vellebatu?) when it sailed, Id. iv. 23. sometimes the cable {anchorah 
vel anchora) was cut, (prcpxidebatur,) Liv. xxii. 19. Cic. Veri'. v. 34. 
The Veneti used iron chains instead of ropes, Ccbs. B. G. iii. 13. 

The plummet for sounding depths {ad allitudinem maris exploran» 
dam) was called BOLlS or Catdpirates, Isid. xix. 4. or Molybdis, 
-tdip, as Gronovius reads, Stnl. Silv. iii. 2. 30. 

The ropes by which a ship was tied to land were called RETI- 
NACULA, Virg. jEn. iv. 580. or Orje, Liv. xxii. 19. xxviii. 36. or 
simply FuNEs, Virg. ^n. iii. 639. 667. Hence Oram solvere^ to 
set sail, Quinctil. Ep. ad Tryph. & iv. 2. 41. 

The ancients had ropes for girding a ship in a storm, Horat, Od. 
i. 14. Act. Apost. xxvii. 17. which are still used. They had also 
long poles, {conti^ perticcB, sudes vel trudes,) to push' it oflf rocks and 
shoals, Virg. Mn. v. 208. 

Sand, or whatever was put in a ship to keep it steady, was called 
SABURRA, ballast, /ir. xxxvii. 14. Virg. G. iv. 195. 

Ships were built (cedifccabantur) of fir, (abies,) Virg. G. ii. 68 ; of 
alder, {alnus, Lucan. iii. 440 : whence c/m, ships, ib. ii. 427 ;) of 
cedar, pine, and cypress, Veget. iv. 34. by the Veneti of oak, {ex 
robore ;) Cses. B. G. iii. 13. sometimes of green w^ood ; so that a 
number of ships were put on the stocks, {posiice^) completely equip- 
ped and launched, {instructm v. orncctm armataque in aquam deduclm 
sint,) in forty-five days after the timber was cut down in the forest ; 
Liv. xxviii. 45. by Csesar, at Aries, against the people of Marseilles, 
in thirty days, de Bell Civ. i. 34. See Plin. xvi. 39. s. 74. 

There was a place at Rome, beyond the Tiber, where ships lay 
and w^ere built, called Navalia, plur. -ixim, the dock, Liv. iii. 26. 
viii. 14. xl. 51. 

As the Romans quickly built fleets, they as speedily manned them. 
Freedmen and slaves were employed as mariners or rowers, {nauteB. 
vel rtmiges,) who were also called Socii navales, Liv. xxl 49. 50. 



NAVAL AFFAIRS, 6iLc. 341 

txii. 11. xxri. 17. and Classici, xxvi. 48. Cxiri. iv. 3. 18. The 
citizens and allies were obliged to furnish a certain number of these, 
according to their fortune, and sometimes to supply them with pro- 
visions and pay for a limited time, Liv. xxiv. 11. xxvi. 35. 

The legionary soldiers at first used to fight at .sea as well as on 
land. But when the Romans came to have regular and constant 
fleets, there was a separate kind of soldiers raised for the marini 
service, (milites in classem scripti,) Liv. xxii. 57. who were called 
CLASSIARII, or 'Evibatm, Cces. passim. Suet. Galh, 12. Tacit. An- 
nal. jLv. 51 ; but this service was reckoned less honourable than that 
of the legionary soldiers. Suet. ibid. Liv. xxxii. 23. Tacit. Hist. i. 
87. sometimes performed by manumitted slaves. Suet, Aug. 16, The 
rowers also were occasionally armed, Liv. xxvi. 48. xxxvii. 16. 

The allies and conquered states were in after times bound to fur- 
nish a certain number of ships completely equipped and manned, 
Cic. Verr. v. 17. &c. Liv. xxxvi. 43. xlii. 48. Some provided only 
stores, arms, tackling, and men, xxviii. 45. 

Augustus stationed a fleet on the Tuscan sea at Misemim, where 
Agrippa made a fine harbour called Portus Julius, Suet, Aug. 16. 
by joining the Lucrine lake, and the lacus Avernus to the bay of Ba- 
jae, {sinus Bajanus, Suet. Ner. 27. vel lacus Bajanus, Tacit. Ann. 
xiv. 4.) Dio. xlviii. 50. Virg. G. ii. 163; and another on the Ha- 
driatic ^i Ravenna, Suet. Aug. 49. Tacit. Ann. iv. 5. Veget. iv. 31 ; 
and in other parts of the empire. Tacit. Hist. i. 58. ii. 83. iv. 79. 
also on rivers, as the Rhine and Danube, Tacit. Annal, xii. 30. 
Flor. iv. 12. 26. 

The admiral of the whole fleet was called Dux pr^fectusque 
CLAssis, Cic. Verr. v. 34. and his ship, NAVIS PRiETORIA, Liv, 
xxix. 25. which in the night-time had, as a sign, {signum nocturnum^ 
three lights, Ibid. 

At first the consuls and praetors used to command the fleets of the 
republic, or some one under them : as Laelius under Scipio, Liv, 
xxvii. 42. xxix. 25. 

The commanders of each ship were called NAVARCHI, Cic, 
Verr. iii. 80. v. 24. or Trierarchi, i. e. praefecti trieris vel triremis 
navis, Cic. Verr. i. 20. Tacit. Hist. ii. 9. Suet. Ner. 34. or Magis- 
TRi NAviuM, Liv. xxix. 25. The master or proprietor of a trading 
vessel, NAUCLERUS, Plaut. Mil. iv. 3. 16. Naviculator, vel 
-ARius ; Cic. Fam. xvi. 9. Att. ix. 3. Verr. ii. 55. Manil. 5. who, 
when he did not go to sea himself, but employed another to navigate 
his ship, was said Naviculariam sc. rem facer e, Cic. Verr. v. 18. 

The person who steered the ship and directed its course wms 
called GUBERNATOR, the pilot, sometimes also Magis ter, Virg. 
JEn. V. 176. Sil. iv. 719 ; or Rector, Lucan. viii. 167. Virg. .^m. 
iii. 161. and 176. He sat at the helm, Cic. Sen. 6. on the top of 
the stern, dressed in a particular manner, Plaut. ML iv. 4. 41. 45. 
and gave orders about spreading and contracting the sails, (expandere 
vel contrahere vela,) plying or checking the oars, (incumbere remis 
vel eos inhibere,) &c. Virg. v. 12. x. 218. Cic. Orat. i. 33. Att. xiii. 21. 



342 ROMAN ANTIQUITIES. 

It was his part to know the signs of the weather, to be acquainted 
with ports and places, and particularly to observe the winds and the 
stars ; Ovid, Met. iii. 592. Lucan. viii. 172. Firg. JEiu iii. 201. 269. 
513. For as the ancients knew not the use of the compass,* they 
were directed in their voyages chiefly by the stars in the night-time, 
Horat. Od. ii 16. 3. and in the day-time by coasts and islands which 
they knew. In the Mediterranean, to which navigation was then 
chiefly confined, they could not be long out of the sight of land. 
When overtaken by a storm, the usual method was to drive their 
ships on shore, {in terram agere vel ejicere,) and when the danger 
was over, to set them afloat again by the strength of arms and levers. 
In the ocean, they on\y cruised along the coast. 

In some ships there were two pilots, JElian. ix. 40. who had an 
assistant called PRORETA, Phut. Rud. iv. 3. 75. i. e. Custos et tu- 
tela prorcB, who watched at the prow, Ovid, Met. iii. 617. 

He who had command over the rowers was called Hortator and 
Pausarius, (xtXsugr;?,) Plaut. Merc. iv. 2. 4. Senec. Epist. 56. 
Ovid. ibid, or Portisculus, Plant, ^^m. iii. I. 15. Festus ^ which 
was also the name of the staff or mallet with which he excited or 
retarded them, (celeusmata vel hortamenta dahat,) Plaut. Asin. iii. 
1. 15. hid. Orig. xix. 12. He did this also with his voice in a mu- 
sical tone, that the rowers might keep time in their motions ; Serv. 
ad Virg. Mn. iii. 128. Sil. v. 360. Valer. Place, i. 470. Martial. 
iii. 67. iv. 64. Quinctil. i. 10. 16. Stat. Theh. vi. 800. Ascon. in Cic. 
divin. 17. Hence it is also applied to the commanders, Dio. 1. 32. 
Those who hauled or pulled a rope, who raised a weight, or the like, 
called HELCIARII, used likewise to animate one another with a 
loud cry. Martial, ibid, hence Nauticus clamor, the cries or shouts 
of the mariners, Virg. j^n. iii. 128, v. 140. Lucan. ii. 688. 

Before a fleet (CLASSIS) set out to sea it was solemnly reviewed 
{lustrata est) like an army ; Cic. Phil. xii. 3. prayers were made and 
victims sacrificed ; Liv. xxix. 27. xxxvi. 42.* Appian. Bell. Civ. v. 
Virg. ^n. iii. 118. v. 772. Sil. xvii. 48. The auspices were con- 
sulted, Valer. Max. i. Hor. Epod. x. 1. 16. 24: and if any unlucky 
omen happened, as a person sneezing on the left, or swallows alight- 
ing on the ships, &:c. the voyage was suspended, Polyan. iii. 10. 
Frontin. i. 12. 

♦ The invention of the compass is usaally ascribed to Flavio de MeIJi, or Flavio 
Gioia, a Neapolilan, about (he year 1302 ; and hence it is, that the territory of iVin- 
cipalo (in ihe kingdom of Naples,) where he was born, has a compass for its arms. 
Others say, that Marcus Pa,ulius, a Venetian^ who made a journey to China, brought 
back the invention with him in 1260. What confirms this conjecture is, that at first 
they used the compass as the Chinese still do ; i. e. they let it float on a little piece 
of cork, instead of suspending it on a pivot. But the Chinese only divide theircom- 
pass into 24 points, whereas the Europeans make 32 divisions. 

Fouchelte relates some verses of Guoynt dt Provence, who lived in France about the 
year 1200, which seemed to make mention of the compass, under the name o{ mari- 
nette, or mariner' s-stone; which show it to have been used in France near a hundred 
years before the Melphite or Venetian. 

The French also lay claim to the invention from the Fleur de Lys, wherewith all 
nations still distinguish the North point of the card. — E. 



NAVAL AFFAIRS, &c 343 

The mariners, when they set sail, or reached the harbour, decked 
the stern with garlands, Virg, jEn. iv. 418. G. i. 303. 

There was great labour in launching, {in deducendo) the ships, 
Virg, jEn, iv. 397. for as the ancients seldom sailed in winter, their 
ships during that time were drawn up, {subductce) on land, Horat. 
Od. i. 4. 2. Virg. JEn, i. 555. and stood on the shore, Virg. JSn. ib. 
135. 177. 

They were drawn to sea by ropes and levers, (vcctibusj) with 
rollers placed below, {cylindris lignisque teretibus el rotundis subjec- 
lis,) called Palanges, vel -gos, Cces. B. C. ii. or Scutul^, Ibid. m. 
34. and, according to some, lapsus rotarum ; but others more pro- 
perly take this phrase for rot(K labentes, wheels, Virg. ^n. ii. 236. 

Archimedes invented a wonderful machine for this purpose, called 
Helix, Athen. v. Plutarch, in Marcell. — Sil. ItaL xiv. 352. 

Sometimes ships were conveyed for a considerable space by land, 
Liv. XXV. 11. Sit. xii. 441. Suet. Cal. 47. and for that purpose they 
were sometimes so made, that they might be taken to pieces, Curt. 
viii. 10. Justin, xxxii. 3 : a practice still in use. Augustus is said to 
have transported some ships from the open sea to the Ambracian 
gulf near Actium, on a kind of wall covered with the raw hides of 
oxen ; Dio. 1. 12. in like manner over the isthmus of Corinth, Id, 
LI. 5. Strab. viii. 335. So Trajan, from the Euphrates to the Tigris, 
Id. xlviii. 28. 

The signal for embarking was given with the trumpet, Lucan. ii. 
690. •They embarked (conscendebant) in a certain order, the mari- 
ners first and then the soldiers, Liv. xxix. 25. xxii. 16. They also 
sailed in a certain order, Virg. ^n. v. 833. the light vessels usually 
foremost, then the fleet or ships of war, and after them the ships of 
burden. But this order was often changed, Liv. passim. 

When they approached the place of their destination, they were 
very attentive to the objects they first saw, in the same manner as to 
omens at their departure, Virg. Mn. iii. 537. I^iv, xxix. 27. xxx. 25. 

When they reached the shore, {lerram dppulerunt,) and landed (ea;- 
posuerunt) the troops, prayers and sacrifices again were made, Liv. 
xxxvii. 14. 47. 

If the country was hostile, and there was no proper harbour, they 
made a naval camp, {castra navalia vel nautica) and drew up their 
ships on land, {sub due eb ant,) Liv. xxx. 9. 10. xxiii. 28. Ca3s. B. G. 
iv. 21. They did so, especially if they were to winter there, Liv. xxxvi. 
45. xxxviii. 8. But if they were to remain only for a short time, 
the fleet was stationed in some convenient place, ad anchoram sta- 
hat, vel in staiione te.nebatur,) not far from land, lAv. xxxi. 23. 
xxxvii. 15. xxiv. 17. C(Bs. B. C. iii. 6. iv. 21. B. Alex. 2.5. 

Harbours (PORTUS) were strongly fortified, especially at the en- 
trance, {aditus) vel introitus ; os, ostium, vel fauces,) Virg. JEn. i, 
404. Cic. et Liv. The two sides of which, or the piers, were called 
CORNUA, Cic. Att. ix. 14. Lucan. ii. 615. 706. or BRACHIA, 
Plin. Ep. vi. 31. Suet. Claud. 20. Liv. xxxi. 26 : on the extremities 
were erected bulwarks and towers, Vitruv. v. 11, There was usual- 



344 ROMAN ANTIQUITIES. 

ly also a watch-tower, (Pharos, plur. -?,) Ibid, with hghts to direct 
the course of ships in the night-time, as at Alexandria in Egypt ■; 
C(Bs. B. C. iii. ult. Plin, xxxvi. 12. at Ostia and Ravenna ; Ibid, at 
Capreae, Brundusium, and other places, Suet. Tib. 74. Cal. 46. Stat. 
Sylv. iii. 5. 100. A chain was sometimes drawn across as a barrier 
or boom, (claustrum,) Frontin. Stratagem, i. 5. 6. 

Harbours were naturally formed at the mouths of rivers ; hence 
the name of Ostia at the mouth of the Tiber, Serv. ad Virg. ^n. v. 
281. Liv. i. 33. xxvi. 19. Dionys. iii. 45. Ovid calls the seven 
mouths of the Nile, septem Portus. Her. xiv. 107. Amor. ii. 13. 10. 

Harbours made by art {manu vel arte) were called Cothones, vel 
-NA, 'Orurriy Serv. ad Virg. JEn. i. 431. Festus. 

Adjoining to tfie harbour were docks (NAVALIA, -ium), where 
the ships were laid up, {subduct(B,) careened and refitted, [refectcB,) 
Cic. Off. ii. 17. Liv. xxxvii. 10. Ccbs. B. C. ii. 3. 4. Virg. iv. 593. 
Ovid. Amor. ii. 9. 21. 

Fleets about to engage were arranged in a manner similar to ar- 
mies on land. Certain ships were placed in the centre, (media acies,) 
others in the right wing, {dextrum cornu,) and others in the left ; some 
as a reserve, {subsidium, naves subsidiari<B,) Hirt. de Bell. Al. 10. 
Liv. xxxvii. 23. 29. xxxvi. 44. We find them sometimes disposed 
in the form of a wedge, a forceps, and a circle ; Polyb. i. Poiymn. 
iii. Thucyd. ii. but most frequently in that of a semicircle or half- 
moon, Veget. iv. 45. Sil. xiv. 370. 

Before the battle, sacrifices and prayers were made as cm land ; 
the admiral sailed round the fleet in a light galley, (navis actuaria,) 
and exhorted the men. 

The soldiers and sailors made ready {se expediebant) for action ; 
they furled the sails and adjusted the rigging ; for they never chpse 
to fight but in calm weather, Liv. xxvi. 39. 

A red flag was displayed from the admirars ship, as a signal to 
engage. The trumpets in it and in all the other ships were sounded, 
Sil. xiv. 372. and a shout laised by all the crews, Lucan. iii. 540. 
Dio. xlix. 9. 

The combatants endeavoured to disable or sink the ships of the 
enemy, by sweeping off {detergendo) the oars, or by striking them 
with their beaks, chiefly on the sides, Dio. 1. 29. They grappled 
with them by means of certain machines called crows, (CORVI), 
iron hands or hooks, (ferreje manus,) Lucan. iii. 635. drags or 
grappling irons, (harpagones, i. e. asseres ferreo unco prcBfixi,) &;c. 
and fought as on land, Flor. ii. 2. Liv. xxvi. 39. xxx. 10. Cas. B. 
G. i. 52. Curt. iv. 9. Lucan. xi. 712. Dio. xxxix. 43.— xlix. 1. 3. 
&c. They sometimes also employed fire ships, Hirt. B. Alex. 11. 
or threw fire-brands, and pots full of coals and sulphur, with various 
other combustibles, Stuppea Jlamma manu, telisque volatile ferrum 
spargitur, Virg. Mn. viii. 694. which were so successfully employed 
by Augustus at the battle of Actium, that most of Antony's fleet 
was thereby destroyed, Dio. 1. 29. 34. and 35. Hence Vix una sos- 
pes navis ab ignibus, Horat.. Od. i. 37. 13p 



THE ROMAN DRESS. 345 

In sieges they joined vessels together, and erected on them various 
engines, Curt. iv. 13. Liv. xxiv. 34. xxvi. 26. Cces. B, C. iii. 34. 
or sunk vessels to block up their harbours, ftid. et Liv. xxxv. 11. 
14. 

The ships of the victorious fleet, when they returned home, had 
their prows decked with laurel, and resounded with triumphant mu- 
sic, Dio. li. 5. 

The prizes distributed after a victory at sea were much the same 
as on land. (See p. 324.) Also naval punishments, pay, and pro- 
visions, &c. Liv. xxiii. 2i. 48. 

The trading vessels of the ancients %vere in general much inferior 
in size to those of the moderns. Cicero mentions a number of ships 
of burden, none of which was below 2000 amphorce (quannn minor 
nulla erat duum miliium amphorum,) i. e. about fifty-six ton, which 
he seems to have thought a large ship, Cir. Fam. xii. 15. There 
were, however, some ships of enormous bulk. One built by Ptole- 
my is said to have been 280 cubits, i. e. 420 feet long, and another 
300 feet ; the tonnage of the former, 7182, and of the latter, 3 J 97, 
Jithenmus. The ship which brought from Egypt the great obelisk 
that stood in the Circus of the Vatican in the time of Caligula, be- 
sides the obelisk itself, had 120.000 modii of lenUs^ lentiles, a kind 
of pulse, for ballast, about 1138 ton, Plin. xvi. 40. s. 76. 

CUSTOMS OP TOE ROMANS. 

I. The ROMAN DRESS. 

The distinguishing part of the Roman dress was the TOGA or 
gown, as that of the Greeks was the Pallinm, Suet. Aug. 98. and of 
the Gauls, Braccce, breeches; Suet. Jul. hO. Claud. 15. Plin. Epist. 
iv. 11. whence the Romans were called GKNS TOGATA, Firg. 
JEn. i. 286. Suet. Aug. 40. or TOGATI, Cir. Rose. Am. 46. Ferr. 
i. 29. ii. 62. Orat. i. 24. iii. 11. Sallust. Jug. 21. Tacit. Hist. ii. 20. 
and the Greeks, or in general those who were not Romans, PALLI- 
ATI, Suet. CcEs. 4. 8. Cic. Rahir. Post. 9. Phil. v. 5. also, Gallia Cis- 
alpina, when admitted to the rights of citizens, were called Togata, 
Cic. Phil. viii. 9, Hence also Fahulce Togaice et Palllatre. As the 
toga was the robe of peace, iogati is often opposed to armati, Liv. 
iii. 10. 50. iv. 10. Cic. CV.cin. 15. Off. i. 23. Pis. 3. and as it was 
chiefly worn in the city, {ibi sc. rure, 7inlla necessitas toga, Plin. Ep. 
V. 6.) it is sometimes opposed to Rustk i, Plin. vi. 30. 

The Romans were particularly careful, in foreign countries, al- 
ways to appear dressed in the toga ; Cic. Rabir. 10. but this was not 
always done. Some wore the Greek dress ; as Scipio in Sicily, Tac, 
Ann. ii. 59. So the emperor Claudius at Naples, Dio. Ixvi. 6. 

The TOGA {a tegendo, cjuod corpus tegat, Varro) was a loose 
(laxa) flowing {fluituns) woollen robe, which covered the whole bo- 
dy, round and close at the bottom, {ab imo,) but open at the top 
down to the girdle, {ad cincturam,) without sleeves ; so that the right 

44 






346 ROMAN ANTIQUITIES. 

arm was at liberly, and the left supported a part {lacinia, a flap or 
lappet) of the toga, \n\\\q\\ was drawn up (subdyctbatur) and thrown 
back i>ver the left shoulder, and thus formed what was railed SI- 
NUS, a f<»ld or cavity, upon the breast, in which things might be 
carried, Plin. xv. 18. Gd/. iv. 18. and with which the face or head 
might be covered, Surf. Jul. 8*2. Liv. viii. 9. Hence Fabius, the 
Roman ambassador, when he denounced war in the senate of Car- 
thage, is said to have poured out, {si num. cffudisse,) Liv. xxi. 18. 
or shaken out tlie lap of his toga, {cxrussisse iogce, grtndum,) Flor. ii. 
6. Dioiiysius says, the f(>rm of the l(t<yu was semicircular, iii. 61. 

The loga in latter times had several folds, but anciently few or 
none, {vcteribuf! nulli siuus,) Quinclilian. xi. 3. These folds, when 
collected in a knot or centi-e, Virg. JUn. i. 324. were called UM- 
BO, which is put lV)r the toga itself, Pers. v. 33. 

When a person did any work, he tucked up (succingebat) his toga, 
and girded it {astriugebat) round him : Hence Arciugere se. operi vel 
ad opus, or oftener, in the passive, accingi,io prepare, to make ready. 

The toga of the rich and noble was finer and larger (laxior) than 
that of the less wealthy, Moral. Epod. iv. 8. Epist, i. 18. 30. A new 
loga was called Pexa ; when old and threadbare, trila, Id. Ep. i. 95. 
Martial, ii. 58. 

The Romans were at great pains to adjust (componere) the toga, 
that it might sit properly, {ne impar dissiderit,) and not draggle {nee 
defluere.t,) Horat. Sat. ii. 3. 77. i. 3. 31. Epist. i. 1. 95. Quinctil. 
xi. 3. Macrob. Sat. ii. 9. 

The form of the toga was different at different times. The Ro- 
mans at first had no other dress, Geli. vii. 12. It was then straight 
(arcta) and close ; it covered the arms, and came down to the feet, 
Quinctil. ibid. 

The loga was at first worn by women as well as men. But after- 
wards matrons wore a different robe, called STOLA, with abroad 
border or fringe {iimbm) called INSTITA, Horat. Sat. i. % 29. 
reaching to the feet, Ovid. .^rt. Am. i. 32. TibulL i. 7. 74. (whence 
instita is put for malrona ; Ovid. Art. z\m. ii. 600.) and also, as 
some say when they went abroad, a loose outer robe thrown over 
the stolo like a surtout, a mantle, or cloak, called PALLA or Pe- 
plus, Hor. ib. 99. But the old scholiast on Horace makes palla 
here the same with insiita, and calls it Peripodium and Tnnicm pal- 
Hum. Some think, that this fringe constituted the only distinction 
between the stola and toga. It is certain, however, that the outer 
robe of a woman was called Falla, Virg. Mn. i. 648. xi. 576. {qnod 
palam etforis gerebatur,) Varr. de Lat. ling. iv. 30. 

Courtesans, and women condemned for adultery, were not permit- 
ted to wear the stola j hence called Togat^, Horat. Sat. i. 2. 82. 
Juven. 11. 70. Martial, ii. 39. vi. 64. x. .52. Cic. Phil. ii. 18. and 
the modesty of matrons is called Stolatuspudor, Mart. i. 36. 8. 

There was a fine robe of a circular form worn by women, called 
Cv( LAS, -ddis, Juvenal, vi. 258. Suet. Cal. 52. 

None but Roman citizens were permitted to wear the toga ; and 



THE ROMAN DRESS. 347 

banished persons were prohibited the use of it, Pirn. Episi. iv. II. 
Hence toga is put for the dignity of a Roman, Hornt. Od. iii. .5. l(^ 

The colour of the toj^a was while, and (»n ft'^livals ihey usually 
had one newly cleaned, Or/V/. Tiist, v. 5, 7. hence tl.ey weie said 
Ftstos ALBA II cflehnire, Horat. Sit. ii. "J. Gl. 

Candidates for offices wore a toga whitened by the fuller, T^ g v 
Canuiux. 

The tngn in mourning was of a black or dark colcui. TOGA 
PULLA \e\ atni ; hence those in nuturnirig were cnlled Full .ii„ 
Suet, Jittg, 44. Juvenn/. iii. 213. or Atra s i, CVr. F.7. 12. But. 
those were also called Pnlliitt, who wore a great-coat [ifhcnia) in- 
stead of the fog/1, Suet. Aug. 40. or a meun r gged dress. P//". E/>?\ 7. 
vii. 16. as the vulgar or poor people, (;^w//<//; a re /,, vcl / / 
pulltita,) Quinctil. ii. 12. vi. 4. 

The mourning robe of women was called RlClNiUM, : '/ -M'S, 
vel Rica, {quod post tergmn rtjuentur,) which c( v( vid the head 
and shoulders, Cir. /egg. ii. 23. <>r Mavi ktls, - s, \cl ■i^, .bf/r. in 
Virg, ^'Ert. i. 268. I>id. xix. 25. They seem to have had several of 
these above one another, that thc^y might throw them into the fune- 
ral piles of their husbands and friends. The twelve tables restrict- 
ed the number to three, Cic, ibid. 

The Romans seldom or nev^er appeared at a feast in mourning, 
Cir. Vat. 12. nor at the public spectacles, Mnt. iv. 2. nor at festivals 
and sacrifices, Ovid. Fa>t. i. 79. Horuf. ii. 2. 60. Pers. ii. 40. 

At entertainments, the more wealthy Romans laid aside the /oe^, 
and put on a particular robe called Synth e>is, Martial, v. 80. ii. 46. 
iv. 66. which they wore all the time of the Sniurnnlia, because then 
thfy were continually feasting, JWar/iV//. xiv. 1.141. Sencr. Epist. 
18. Nero wore it {synthe.aimu^c. vestis) in common, Snct. .51. 

Magistrates and certain priests wore a toga bordered with purple, 
{limbo purpureo cirenmdata,) hence called TOGA PRiETEXTA ; 
as the superior magistrates, Cic. Red. in Sen. i^). I.iv. xxxiv. 7. Ju- 
venal. X. 99. the Ponfijices, the augurs, Cic. Sext. 69. the Dec tM- 
viRi maris faciundis, Liv. xxvii. 39. &c. and even private persons 
when tlieji^ exhibited games, Cic. Pis. 4. 

Generals when they triumphed wore an embroidered toga, called 
picta vel PALMATA, Martial, vii. 2.7. 

Young men, till tliey were seventeen years of age, and young 
women, till thev were married, also wore a gown bordered with 
purple, TOGA*^ PRtETEXTA, Liv. xxxiv. 7. Cic. Vn-r. i. 44. 
Cat. ii. 2. Prope.rt. iv. 12. 33 : whence they were called PRtETEX- 
TATl, Liv. xxii. 57. Cic. Murcen. 5. Suet. Aug. 44. 94. Hence and- 
citia prcetextata, i. e. a teneris annis, formed in youth. Martial, x. VO. 
But verba prcetextata is put for obsrcsna, Suet. Vesp. 22. (qudd nw 
bentihus, depdsitis prtptextis, a nmltiludiue pueroruni obscoena clarr.a- 
rentur, Fe.sTus,) Cell. ix. 10. Mucrob. Sat. ii. 1. and rnons prtjctcx- 
tati, for impudic.i vel corrupti, Juvenal, ii. 170. 

Under the emperors, the toga was in a great measure disused, 
unless by clients when they waited {officium J'aciebant) on their pa- 



/ 



348 ROMAN ANTIQUITIES, 

Irons, SiuL Aug. 60. Martial, i. 109. ii. 95. x. 74. 3. Scholiast, in 
Juvenal, x. 45. and orators ; hence called Togati, enrobed, Sena: de 
constant. 9. Tacit. Annal. xi. 7. 

Boys likewise wore a hollow golden ball or boss ( AUREA BUL- 
LA,) which hung from the neck on the breast ; as some think, in the 
shape of a heart, to prompt them to wisdom ; according to others, 
round, with the figure of a heart engraved on it, Cic. Verr. i. 58. et 
Ascoru in loc. Liv. xxvi. 6. Plant. Rud. iv. 4. 127. Macrob. Sat. i. 
6. The sons of freedmen and poorer citizens used only a leathern 
boss, {bulla scortta^ vel signum de paupere loro,) Juvenal, v. 165. 
Plin. xxxiii. 1. Bosses were also used as an ornament for bells or 
girdles, Virg. ^n. xii. 942. 

Young men, usually, when they had completed the seventeenth 
year of their age, laid aside {ponehant vel deponebant) the toga pr<p.' 
iexta, and put on (sumebant vel.induebant) the manly gown, (TOGA 
VIRILIS) called Toga pura, Cic. Att. v. 20. ix. 19. because it was 
purely white ; and libera, Oi5?V/. Tnst. iv. 10. ^S. Fast. iii. 777_ 
because they were then freed from the restraint of masters, and al- 
lowed greater liberty, Pers. v. 30. 

The ceremony of changing the toga was performed {toga tnutaba- 
iur^ Hor. Od. i. 36. 9.) with great solemnity before the images of 
the Lares ; Propert. iv. 132. to whom the bulla was consecrated, 
[laribm donata pependit,) Pers. ibid, sometimes in the Capitol, VaL 
Max. V. 4. 4. or they immediately went thither, or to some temple 
to pay their devotions to the gods, Suet. Claud. 2. 

The usual time of the year for assuming the togaxirilis was at the 
feasts of Bacchus in March, {Liberalibus, xii. Kal. Apr. Cic» Att. vi. 
L)Ovid. Fast. iii. 771. 

Then the young man was conducted by his father or principal re- 
lation to the Forum, accompanied by his friends, Cic. Att. ix. 22. 
Suet. Aug. 26. JVer. 7. Tib. 54. (whose attendance was called Of- 
FKiUM soLENNE TOG^ viRiLis, Suet. Claud, 2. Plin. Epist. i. 9«) 
and there recommended to some eminent orator, whom he should 
study to imitate ; Cic. Am. I. Tacit. Orat. 34. whence he was said 
Forum altingere, vel in forum venire, when he began to attend to 
public business, {forensia atipendia auspicahatur.) JSenec. Controv. 
V. 6. Cic. Fam. v. 8. xiii. 10. xv. 16. This was called Dies toga 
virilis. Suet. Aug. 66. Cal. 15. Claud. 2. or Dies tirocimi. Suet. Tib. 
54. and the conducting of one to the ibrum, TYROCINIUM, Id. 
Aug. 26. Cal. 13. the young men were called TIRONFS, young 
or raw soldiers, because they then first began to serve in the army, 
Cic. Phil. xi. 15. Fam. vii. 3. Suet. JVer. 7. Liv. xl. 35. Hence 
Tiro is put for a learner or novice, Cic. Orat. i. 50. Ponere tiroci- 
nium, to lay aside the character of a learner, and give a proof of 
one's parts, to be past his noviciate, Liv. xlv. 37. 

When all the formalities of this day were finished, the friends and 
dependents of the family were invited to a feast, and small presents 
distributed among them; called SPORTULiE, P/u/.£/».x. U7. 118. 
The emperors on that occasion used to give a largess to the people, 



THE ROMAN DRESS. 349 

(CONGIARIUM, so called from congius, a measure of liquids,) 
Suet. Tib. 54. Tacit. Jjnnal. iii. 29. 

Servius appointed, that those who assumed the toga viriiis should 
send a certain coin to the Temple of Youth, Dionys. iv. 15. 

Parents and guardians permitted young men to assume (dabant) 
the togn viriiis J sooner or later than the age of seventeen, as they 
judged proper, Cir. Jltt. vi. 1. Suet. Jug. 8. Cal. 10. CI. 43. Ner. 7. 
under the emperors, when they had completed the fourteenth year, 
Tarit. .4iin. xii. 41. xiii. 15. Before this, they were considered as 
part of the family, ( pars dumus^) afterwards of the state, {republicoe,) 
Tacit, de Mor. Germ. 13. 

Young men of rank, after putting on the toga vinlis^ commonly 
lived in a separate house from their parents. Suet. Tib. 15. Domit. 2. 
It was, however, customary for them, as a mark of modesty, during 
the first whole year, to keep {cohibere) their right arm within the to- 
ga^ Cic. Coel. 5. and in their exercises in the Campus Martins never 
to expose themselves quite naked, as men come to maturity some- 
times did. Ibid. 

The ancient Romans had no other clothing but the toga, Cell. vii. 
12. In imitation of whom, Catoused often to go dressed in this man- 
ner, and sometimes even to sit on the tribunal, when praetor, {cam' 
pestri sub tnga cinctuf,) Ascon. in Cic. Val. Max. iii. 6. 7. Hence 
Etigua toga Catofiis, Hor. Ep. i. 19. 13. hirta, Lucan. ii. 386. because 
it was strait (arcta) and coarse, {crassa vel pin^ms,) Horat. Sat. i. 3. 
1.5. Juvenal, ix. 28. Martial, iv. 19. Nor did candidates for offices 
wear any thing but the toga. 

The Romans afterwards wore below the toga a white woollen vest 
called TUNICA, which came down a little below the knees before, 
and the middle of the legs behind, Quinctil. xi. 3. at first without 
sleeves. Tunics with sleeves, (Chirodot^ vel lunicit manirata, or 
reaching the ankles, {tahres) were reckoned effeminate, Cic. Cat, 
ii. 10 Virg. Jhln. ix. 616. GelL \\\. 12. But under the emperors 
these came to be used with fringes at the hands, {ad manus fimbriate,) 
from the example of Caesar, Suet. Jul. 45. longer or shorter accord- 
ing to fancy, Horat. S'tt. i. 2. 25. Prop. iv. 2. 28. Those who wore 
them were said to be Mwulea ii. Suet, Cal. .52. 

The tunic was fastened by a girdle or belt (CINGULUM, cinclus, 
'US, zovA vel Balfeus) about the waist, to keep it tight, which also 
served as a purse {pro marsupio vel crumenu.,) in which they kept 
their money, Grll. xv. 2. Pfaut. jMerc. v. 2. 84. Suet. Vit. 16. Horat. 
Ep. ii. 2. JO. hence incinctus tunicam mercafor, Ovid. Fast. v. 
675. The purse commonly hung from the neck, Plauf. True. iii. 2. 
7. and was said decolljsse, when it was taken off"; hence derollarcy to 
deceive, A/. Cap. iii. I. 37. 

It was also thought effeminate to appear abroad with the tunic 
slackly or Carelessly girded : Hence the saying of Sylla concerning 
CsQS'dr to the Opt i mates, who interceded for his life, Ur malk pr/E- 
cjxcTUM FUERUM cAVfciHEVT, Suet. Jul. 46. /)io. 43. 43. For this 
also Msecenus was blamed, Smec, Ep, 14. Hence cinctus, pr(tcinc' 



350 ROMAN ANTIQUITIES. 

tu!} and fiuccitictuSy are put for industrius^ expecfitns vel snavuft^ dili- 
gent, active, clever, H<traf, Sal. i. 5. 6. ii. 6. 107. because ihey 
used to gird the tunic when at work. Id. Sat. ii. 8. 10. Ovid. Mtt. vi. 
59. and Oisativlus for iners\ mollis, iirnavus ; tlius, Dischictus iiepos, 
a dissolute spendthrift, Hor. Epod. i. 34. So Pr/-.s. iii. 31. Dudnc- 
tiAfri, Virg. iEn. viii. 724. elfeminate, or simply imsirl ; for the 
Africans did not use a girdle, Si/, iii. 236. Plaai. P(zn. v. 2. 48. 

The Romans do not seem to have used the girdle at home or in 
private; hence diacincli luderi*, i.e. r/oy/.i, with their tunics uigirt, 
Horat. Sat. ii. I. 73. disciruia/ne in otia 7iatus\ fornieci for ?*oit re- 
pose : Ovid. Amor. i. 9. 41. for they never wore the toga at home, 
but an undress, {veslis domestica, vel vei-timcntn.) Suet. Aug. 'J3. 
Vit. 8. Cic. de Fin. ii. 24. Plin. Mp. v. 6. /. Hence the ionit and 
other things which they wore only abroad were called FORENSIA, 
SaeJ. Aug. 74. Cal. 17. or Vk>titus forknsis, Cu\ ibid, and Ves- 

'IIME.VTA KORK\.-IA, Columvl. \\\. 45.5. 

The tunic was worn by women as well as men ; but that of the 
former always came down to their ft-et, and covered their arms, 7?/- 
-venal. vi. 445. They ajso used girdles both before and after mar- 
riage, FesUts. in Cingull'.m ; Martial . xiv. 151. Ovid. Amor.\. 7.46. 

The Romans do not seem to have used a belt above the toga. But 
this point is strongly contested. 

Young men wlien they assumed the toga virilis, and women when 
they were married, received from their parents a tunic w roughl in a 
pariicular manner, called TUNICA RECTA, or Regilla, Festus. 
Plin. viii. 48. s. 74. 

The senators had a broad stripe of purple (or rather two stripes, 
fascia vel plagnla, Varr. de Lat. ling. viii. 47.) sewed on the breast 
of their tunic, Horai. Sat. i. 0. 28. called EATUS CEAVUS, Ovid. 
Trist. iv. 10. 29. & 35. which is sometimes put for the tunic itself, 
Snet. Jul. 45. or the dignity of a senator. Id. Tib. 35. Claud. 24. 
Vefp.^2.4i. The Efj nit e,<!, a narrow strip, Angusi us clavus, Ff//. 
ii. 88. called also Pauper clavus, Stat. Silv. v. 2. 17. arctum lumtn 
purpuras, lb. iv. 5. 42. 

Augustus granted to the sons of senators the right of wearing the 
Ittus davits, after they assumed the toga viiilis, and made them tri- 
bunes and prefects in the army ; hence called Trihum et Pu^ekkc- 
Ti Eaiklavii, S}ief. Avg. 38. Jsftr. 26. Domit. 10. The tribunes 
chosen from the Eqyites were called Angusticlavh, Snet. Olh. 10. 
Galb. 10. They seem to have assinned the toga virilis and latus 
c'jivus on the same day, Plin. E/>. viii. 23. 

Generals in a triumph wore with the togapicta an embroidered tu- 
nic, (tunica J'almata,) Tjix. X. 7. Martial, vii. 1. Plin. ix. 30. s. 6(>. 
called also Tunica Jovis, because the image of that god in the Capi- 
tol was clothed wMth it, Juvenal, x. 38. Tunics of this kind used 
to be sent by the senate to foreign kings as a present, Liv. xxvii. 4. 
XXX. 15. xxxi. 11. 

The poor people who could not purchase a toga, wore nothing but 
a tunic; hence called Tunicatus fupulus or pofellus, Horat. Ep, 



THE ROMAN DRESS. 351 

i, 7. 65. Tunic ATI, Cir. ii Rull. ii. 34. Foreigners at Rome 
seem also to have used the same dress; (hence honn) Umicalus is 
put for a Carthaginian, Pltif. Pan, v. 3. 'i.) and shives, Id. .fimphil, 
i. 1. 213. Sciie.c. hrcv. v.t. 12. hkevvise gladiators, Juvcnn/, ii. 143. 

In the country, persons of fortune and rank used only the tunic, 
Juvenal, iii. 179. In wii»ter they wore more than one tunic. Au- 
gustus used lorn; Suet. W;7.<r- B2. 

Under the tunic, the Romans wore another woollen covering next 
the skin I ke our shirt, called INDUSIUM or Suhucli-a, Hurai. blp, 
i. I. 95. Snci. ibid, and by later writers, Intcrulid and Camisiu. Linen 
clothes {vesh's linetCj Phn. xii. 6.) were not used by the ancient Ro- 
mans, and are seldom mentioned in the classics. The use of linen 
was introduced under the emperors irom Egypt, Plln. Pnpf, whence 
Sindun vel vc.slis^. liyssince, fine linen. Girls wore a linen vest or 
shift called Suipakum vel -m. Plant. Rud. i. 2. 91. Lucan. ii. 363. 
Festus. 

The Romans in later ages wore above th6 In^a a kind of great- 
coat called LACERNA, Jm-puul. ix. 29. open before and fastened 
with clasps or buckles, (FlBULyE, which were much used to fiisten 
all the ditferent parts of dress, f^'irg- Mn. iv. 139. Ovid. Mit, viii. 
318. except the tns;a^) especially at the spectacles, .yl/«/7m/. xiv. 137. 
to screen them from th'3 weather, with a covering f(>r the head and 
shoulders, {capitium, quod capil pectus. Varr. L. L. iv. 3(K) called 
CUCULLUS, JnveMal. vi. 118. 329. Martial, xi. 99. They used to 
lay aside the lacema, when the emperor entered. Suet. Claud. 6. It 
was at first used only in the army, Paterr. ii, 80. Ovid. Fast. ii. 745. 
Prop. iii. 1(1. 7. but afterwards also in the city. 

During the civil wars, when the toga began to be disused, the fa- 
cerna came to be worn in place of it, to such a degree, that Augus- 
tus one day seeing from his tribunal a number of citizens in the as- 
sembly dressed in the lace.rna, {jpulluii vel laceruati,) which was 
commonly of a dark colour, Mirtial. xiv. 129. repeated with indig- 
nation from Virgil, " Romanos rerum dominos gentem(/ue togatam !" 
JEn. i. 282. and gave orders to the ediles not to allow any one to ap- 
pear in the/or?i^ or circus in that dress, Sue.t. Aug. 40. It was on- 
ly used by the men, Scholiast, in Juvenal, i. 62. and at first was 
thought unbecoming in the city, Cic. Phil. ii. 30. It was sometimes 
of various colours and texture, Juvenal, i. 27. ix. 28. Martial, ii. 19. 

Similar to the lacernn was the li^ENA, (yXaivr,) a Grecian robe 
or mantle thrown over the pallium^ Serv. ad Virg. Mn. v. 262. Fes- 
tus. Martial, xii. 36. xiv. 13. 136. 

The Romans had another kind of great coat or surtout, resembling 
the lacerna, but shorter and straiter, called PENULA, which was 
worn above the tunic, Suet. jVer. 48. having likewise a hood, {caput 
vel cupitium,) Plin. xxii. 15. used chiefiy on journeys and in the army, 
Cic. Jjtt. xiii. 33. Mil. 10. Sext. 38. Juv. v. 78. Senec. Ep. 87. M 
Q. iv. 6. also in the city, Sue.i. Cic. 52. Lamprid. Alex. Sev. 27. 
sometimes covered with a rough pile or hair for the sake of warmth, 
called GAUSAPA, sing, et plur, vel e ; Petron. 28. Ovid. Art. Am. 



352 ROMAN ANTIQUITIES. 

i. 300. Vers. vi. 40. or Gausapina pmnula. Martial, vi. 59. xlv. 145, 
147. of various colours, and common to men and women, Ibid, 
sometimes made of skins, Scortea, Ft-slm. Martini, xiv. 130. 

The military robe of the Romans was called SAGUM, an open 
woollen garment, which was drawn over the other clothes and fas- 
tened before with clasps ; Sufl. Aug. 26. Sil. xvii. 531. in danger- 
ous conjunctures worn also in the city, by all, except those of con- 
sular dignity, Civ. Phil. viii. 11. as in the Italic war for two years, 
Liv. Epit. 72. <fe 73. Paterc. ii. 16. Dlstento sago imposilum in sub- 
lime jacfare, to toss in a blanket, Suet. Oih. 2. Martial, i. 4. 7. 

The Romans wore neither stockings nor breeches, but used some- 
times to wrap their legs and thighs with pieces of cloth, (FASCIA, 
vel -/o/(£, fillets, bands, or rollers,) named from the parts which they 
covered, TIBIAIJA, and FEMINALIA, or Ftmoralia, i. e. tpgumen- 
ta lihiarum el femorum. Suet. Aug. 82. similar to what are mention- 
ed, Exod. xxviii. 4*i. I^exit. vi. 10. xvi. 4. Ezck. xliv. 18. used 
first, probably, by persons in b.jd health ; Cic. Brut. 60. Horat. Sat. 
ii. 3. 255. Qidrictil. xi. 3. 144. but afterwards by the delicate and 
effeminate, Cic. Alt. ii. 3. Har. resp. 21. Swt. Aug. 82. who like- 
wise had muflSers to keep the throat and neck warm, called FOCA- 
LIA vel Focale^ sing. (« faucibus,) Horat. et Quinrtil. ibid. Martial. 
iv. 41. vi. 41. xiv. 142. L'sed chiefly by orators, Ibid, ft Gdl. xi. 9. 
Some used a handkerchief (SUDARIUM) for that purpose, SmL 
mr. 51. 

Women used ornaments round their legs, (on?flmen^a circa crural 
called PERISCELIDES, Horat. Ep. i. 17. :6. 

The Romans had various coverings for the feet, (calceamenta vel 
iegumeuta pedum, Cic.Tusc. v. 32.) but chiefly of two kinds. The 
one (CALCEUS, u-ro^ri.aa, a shoe,) covered the whole foot, some- 
what like our shoes, and was tied above with a latchet or lace, a 
point or string, (CORRIGIA, Lorum vel Lkjula,) Cic Divin. ii. 40. 
Martial, ii. 29. .57. The other (SOLEA, <yav(5aXjov, a slipper or 
sandal, (quod so]o pedis subjicialur, Festus,) covered only the sole 
of the foot ; and was fastened on with leathern thongs or strings, 
{leretibus habenis vel obslrigiUis vincta, Gell. xiii. 21. amentis, Plin. 
xxxiv. 6. s. 14. hence called Vincula, Ovid. Fast. ii. 324. Of the 
latter kind there were various sorts; CREPiD^f:, vel -dul^e, Jb. Cic. 
Rabir. Post. 27. Hn-at. Sat. i, 3. 127. Gallk^ze, Cic. Phil. ii. 30. 
Gell. xiii. 21. &c. and those who wore them were said to be discaU 
ceati, (fxvjrodriToi,) pedibus iutectis, Tacit. Ann. ii. 59. 

The Greeks wore a kind of shoes, called Ph^casia, Senec. de 
bene/, vii. 21. 

The calcei were always worn with the toga when a person went 
abroad, Cic. ibid. Plin. Epist. vii. 3. Suet. Aug. 73. whence he put 
them off, [I'nlceos et veslimenla mutavit,) and put on (induebat vel 
inducebat) slippers, when he went on a journey, Cic. Mil. 10. Cali- 
gula permitted those who chose, to wear slippers in the theatrCi. 
Dio. ViK. 7. as he himself did in public, Suet. 52. 



THE ROMAN DRESS. 353 

Slippers (soIetB) were used at feasts, Plauf. True. ii. 4. 13. Hornt. 
S t, ii. 8. 77. Ep. i. 13. 15. but they put them off when about to eat, 
Mfntial. iii. 50. It was esteemed effeminate for a mm to appear in 
public in slippers, (solf.atus,) Cic. Har. Resp. 21. Verr. v. 33. Pis. 
6. Liv. xxix. 19. Suet. ('al. 32. Slippers were worn by women in 
public, Plauf. 7 rue. Ii. 8. 

The shoes of senators were of a black colour, and came up to the 
middle of their legs, Horat. Sat. i. 6. 27. They had a golden or 
silver crescent {twta vel lunula, i. e. C) on the top of the foot, Ju- 
venal, vii. 192 : hence the shoe is called lunata pell.'s, Martial, i. 50. 
and the foot lunula planla. Id. ii. 29. This seems to have been pe- 
culiar to Patrician senators, Scholiast, in Juvenal, hence it is called 
Patrjcia m;na, Slat. Silv. v. 2. 28. 

The shoes of women ^ere generally white, OviJ. Art. Jim. iii. 
271. sometimes red, scarlet, or- purple, {rubri, mullei, et purpurei^) 
Pers. V. 169. Virg. Eel. vii. 32. Mn. i. 341. yellow, {lutti vel cereij) 
Catull. lix. 9. &c. adorned with embroidery and pearls, particularly 
the upper leathers or upper parts, [crepidarum obdragula.) Plin. ix. 
35. s. .^)6. 

Men's shoes were generally black ; some wore them scarlet or 
red. Martial, ii. 29. 8. as Julius Caesar, Dio. xliii. 43. and especially 
under the emperors, adorned with gold, silver, and precious stones, 
Plaut. Bacch. ii. 3. 97. Sencc. ii. 12. Plin. xxxvii. 2. They were 
sometimes turned up at the point, in the form of the letter f, called 
Caleri repandi, Cic. de Nat. D. i. 30. 

The senators are said to have used four latchets to tie their shoes, 
and plebeians only one, hid. xix. 34. Sfnee. de Tranquill. Jlnim. 2. 

The people of ancient Lntium wore shoes of unwrought leather, 
{ex corio erudo,) called PERONES, ^irg. Mn. vii. 90. as did also 
the Mar<!i, Herniei, and Veslini, who were likewise clothed in skins, 
Jjvenal. xiv. 195. &c. It was long before they learned the use of 
tanned leather, (Alutm ; ex alumine, (of alum,) quo pelbs subige- 
bantur, ut molliores fiertnt,) which was made of various colours, 
Martial, ii. 29. vii. 34. 

The poor people sometimes wore wooden shoes, {solem lignece,) 
which used to be put on persons condemned for parricide, Auct. ad 
Herenn. i. 13. de Invent, ii. 50. 

Similar to these were a kind of shoes worn by country people, 
called ScuLPoNK.^:, Cato de re R. 59. with which they sometimes 
struck one another in the face, {as batwbant,) Plaut. Cas. ii. 8. 59. 
as courtesans used to treat their lovers, {commiiignre sandalio caput,) 
Terent. Eun. v. 8. 4. Thus Omphale used Hercules, lb. 

The shoes of the soldiers were called Calig;*:, sometimes shod 
with nails, {clavis suffix^e ;) those of the comedians,* SOCCl, slip- 
pers, often put for solea ; of the tragedians, Cotmurm. 

The Romans sometimes used socks or coverings for the feet, made 
of wool or goat's hair, called UDONES, Martial, xiv. 140. 

The Roniins also had iron shoes (Sole^ Ferre;*:) for mules and 
horses, not fixed to the hoof with nails, as among us, but fitted to the 

45 



354 llOMAN ANTIQUITIES. 

foot, so tli?t they might be occasionally put on and off, CaluH, xviii.. 
26. Sutt. JWy. 30. Vesp. 23. Pirn, xxx. 11. s. 49. sometimes of sil- 
ver or gold : {PoppuM conjux JS/'cronis dduatioiihus jvmtrilis suis 
salens tx anro quoqne. induert,) Id. xxxiii. 11. s. 49. Uio, Ixii. 28. 

Some think that the ancients did not use {rioves, {chirotlucts, vel 
manicte.) But ihey are mentioned both by Greek and Roman wri- 
ters, Hoiner. Odyss. 24. P/in. Ep, iii. 5. with fingers, {di^italio, -urn,} 
Varr. R. R. i. ^5. and without them ; what we call mittens. 

The ancient Romans went with their head bare, {cnpite aperto^) as 
we see from ancient coins and statues, except at sacred rites, games, 
fe^ftivals, on journey, and in war. Hence, of all the honours decreed 
to Caesar by the senate, he is said to have been chiefly pfeased with 
that of always wearing a laurel crown, because i-t covered his bald- 
ness, Suef. Jul, 45. which was reckoned a deformity among the Ro- 
mans, Ovid. Art. Am. iii. 250. Ttt'cit. AnnnL iv. 57. Suet. Domii, 
18. Jirceual. iv. 38. as among the Jews, II. Kings, ii. 23. 

They used, however, in the city as a screen from the heat or wind, 
to throw over their head the lappet of their gown, {laciniam vel si- 
num tog(B in caput rcjicere,} which they took off when they met any 
one to whom they were bound to show respect, as the consuls, &c. 
Plutarch, in Pomp, et qucesl. Rom. 10. 

The Romans veiled their heads at all sacred rites but those of 
Saturn, Serv. in Virg. JEn. iii. 405. Liv. i. 26. in cases of sudden 
and extreme danger ; Plant. Most. ii. 1. 77. Petron. 7. 90. in grief 
or despair ; as wlien one was about to throw himself into a river, or 
the like, Horat. Sat. ii. 3. 37. Liv. iv. 12. Thus Caesar, when assas- 
sinated in the senate fiouse ; Swt. Ca^s. 82. Pompey, when slain 
in Egypt ; Dio. xlii. 5. Crassus, when defeated by the Parthians ; 
Plutarch. Appius, when he fled from the Forum, />n\ iii. 49. So 
also criminals, when executed, Liv. i. 26. Sil. xi. 259. 

At games and festivals the Romans wore a woollen cap or bonnet, 
(PILEUS, vel -urn,) Horat. Ep. i. 13. 15. Martial, xi. 7. xiv. I. 
Suet. Ner. 57. Senec. Epist. 18. which was also worn by slaves, 
hence called smlkati, when made free ; Liv. xxiv. 16. Plant. Ampk, 
i. 303. or sold, GeU. vii. 8. whence pilens is put for liberty ; Suet, 
Tib. 4. Martial, ii. 48. 4. likewise bv the old and sickly, Ovid. Art. 
Am. I 733. 

The Romans on journey used a round cap like a helmet, (GALE- 
RUS vel -um) Virg. JEn. vii. 688. or a broad-brimmed hat, (Plta- 
si;s,) Suet. Aug. 82. Hence petasatus, prepared for a journey, Cic. 
Fam. XV. 17. Caligula permitted the use of a hat similar to this in 
the theatre, as a screen from the heat, Dio. lix. 7. 

The women used to dress their hair in the form of a helmet or Ga- 
ierus, mixing false hair, \crinesjicti\e] svppositi) with it. Scholiast, in 
Juvenal, vi. 120. So likewise warriors, Sil. i. 404. who some- 
times also used a cap of unwrought leather, (CUDO vel -on,) Sil. 
viii. 494. xvi. 59. 

The head-dress of women, as well as their other attire, was differ- 
ent at different periods. At first it was very simple. They seldom 



THE ROMAN DRESS. 355 

^ent abroad ; and when they did, they almost always had their 
faces veiled. But when riches and luxury increased, dress became 
with many the chief object of attention ; hence a woman's toilet and 
ornaments were called MUNDUS MULIEBRIS, her world, Lh. 
xxxiv. 7, 

They anointed their hair with the richest perfumes, Ovid. Md. v. 
53. TihulL\'\\,4:, 28. and sometimes painted it, 'Hh. i. 9. 43. Oru/. 
^4rt, Am, iii. 163. {comuin rulilnbanl vel incnidrbani^) and made it ap- 
pear a bright yellow, with a certain composition or wash, a lixivium 
or ley; {iixivio vel -rw, ciuere vel cinere /iiiiii, Val. JMax, ii. 1. 5. 
Plin, xvi. 20. Spnma ii<itava^ vel cuusticu, u e. sapone.^ with soa[), 
MirtiaL viii. 33. 20. xiv. 20. Savt. CaL 47. Plin. xxviii. 12. s. 51.) 
but never used powder, which is a very late invetition ; first intro- 
duced in France about the year 1593. 

The Roman women frizzled or curled their hair with hot irons, 
(ralido ftrro vel caidoiistris vihrahant, crispahanl, vel iulorquciant,) 
Virg. iEn. xii. 100, (yic. Brut. 75. hence coma cidamibtmia, fnzzlej 
Kriir ; Cic. Se.xt. 8. Homo ca la mis I. rat us, by way of contenipt ; C'/r. 
post, red, in Sen, 6. Plail. A4 i. iii. 3. 37 ; and sometiujes raised it 
to a great height by rows and stories of curls ; Juvnml.w.^^Ol. 
Hence Altu.m (:ai.iem»rum, i. e. capiilitium ndulterinum vel capilla- 
mentnm, Suet. Cal. 11. in galeri vel galrcB modum suggestum, Ter- 
tull. de Cult. Fern. 7. the lofty pile of false hair, Horaf, Sal. i. 8, 
48. suggestuSf vel -um romre, as a building, S7a/. 8y/r. i. 2. 1 14. Coma 
in, gradusformaln, mXii stories; Suet. Ner. b\. QnincdL x\\. Flexus 
cnicinnorum vel annulorum, the turning of the locks or cvtrls^Jini- 
brire vel cirri, the extremities or ends of the curls ; Cic. Pis. [[. Ju^ 
venal, xiii. 16.5. The locks seem to have been fixed by hairpins ; 
(crinaies acus,) Propert. iii. 9. .52. Dio. li. 14, 

The slaves who assisted in frizzling and adjusting the hair, {in 
crine componendo,) were called C1N1FLONE8 or Ci.\ekarii, Hnrat. 
Sat, i. 2. 98. who were in danger of punishment if a single lock was 
improperly placed, {si unus dr toto percaverat orbecomarum unnuhis, 
incerta non bene Jixus acu ;) the whip (Tauuka, i. e.flagrum vel sru- 
tica depene tanrino) was presently applied, Juvenal, vi. 491. or the 
fnirror, (SfecuIum.) made of polished brass or steel, of tin or silver, 
Plin. xxxiv. 17. s. 48. was aimed ;it the head of the offender, jMar^ 
iiiil. ii. 66. A number of females attended, who did nothing but 
give directions, Juvenal, ibid. Every woman of fasiiion had at lea>t 
one female hair-dresser (ornathix,) Ovid. Jmor. i. 14. 16. ii. 7. 17. 

& 2a 

The hair was adorned with gold, and pearls, and' precious stones, 
Ovid, Her. XV. 75. xxi. 89. Mtnil. v. 518. sometimes with crowns 
or garlands and chaplets of flowers, {coronte el soria,) Plant. Asin. iv. 
1. 58. bound with fillets or ribands of various colours, {ciinales vil- 
t(£ velfasrife,) Ovid. Met. i. 477. iv. 6. 

The head-dress and ribands of matrons were different from those 
of virgins, Proyo^r^ iv. 12.34. ^irg. JEn. ii. 168. 

Ribands (VlTTiE) seem to have been pecuJiar to mcdest wcm:n; 



356 ROMAN ANTIQUITIES. 

hence Vitim tennes, inftigne pudoris^ Ovid. Art. Am. i. 31. Ml mili 
cum vitta, i. e. cum muhere. pudir.a el casta. Id. Rem. Am. 386. r.nd, 
joined with the Stola, were the badge of matrons, /r/. Trist. 247 ; 
hence Et vos, tjids vitlce longaque vestis nbesl, i. e. impudldVf Id. Fast, 
iv. 134. 

Immodest women used to cover their heads with mitres, (Mi iRiE 
vel mitellce,) Juvenal, iii. 60. Serv. in Virg. Mn. iv. 216. Cic, de 
Resp, Fhnfsp. 21. 

Mitres were likewise worn by men, although esteemed effeminate, 
Cic. Rubir. Post. 10. and what was si ill more so, coverings for the 
cheeks, tied with bands (redimicula vel Itgnmina) under the chin, 
Virg. ibid, et ix. 616. Propert. ii. 29. 

An embroidered net or caul (relindum avrnivm) was used fcr en- 
closing the hair behind, Juvenal, ii. -06. called -vesica^ from its thin- 
ness. Martial, viii. 33. 19. 

Women used various cosmetics, (medicamhia vel Icnccinia.) and 
washes or wash- balls {smegmata) to improve their colour, 0\*ld. jXhl, 
Tnc. 51 &c. Senec. Hdv. 16. They covered their faces with a 
thick paste, {mvlto pane vel tectorio,) which they wore at heme, Ju- 
venal, vi. 460. &c. 

Poppaea, the wife of Nero, invented a sort of pomatum or oint- 
ment to preserve her beauty, cnlled from her name POPP^ANUM, 
made of asses' milk. Ibid, el Plin. xi. 41. xxviii. 12. s. .'50. in which 
she used also to bathe. Five hundred asses are said to have l)ecn 
daily milked for this purpose ; and when she was banished from 
Rome fifty asses attended her, Ibid. H Dio. Ixii. 28. 8ome men 
imitated the women in daubing their faces ; thus Otho, {fariim pa- 
nemadido linere quntidie conf^itevit.) Suet. 0th. 12. Juvenal, ii. 107. 
Pumice stones were used to smooth the skin, Plin. xxxvi. 21. s. 42. 

Paint (Fl'CUS) was used by the Roman women as early as the 
days of Plautus : ceruse r)r a white lead {ctrnssa,) or chalk, •(cr/7<7,) 
to whiten the skin, and vermilion {mimwi, priipnrissum vel rnbrica) 
to make it rea, Pkuf. Most. i. 3. 101. & 118. Tntr. ii. 11. 35. Ozid. 
Art. Am. iii. 1&9. Horat. Epod. 12. 10. Martial, ii. 41. viii. 33. 17. 
Hence, fncatce, cerrssatie, crctatce, et m inionat a; f^pn'micdf Ibid, in 
which also the men imitated them, Cic. Pis. 11. 

The women used a certain plaster which took off the small hairs 
from their cheeks ; or they pulled them out by the root {rndnitns 
xellebant) with instruments called VOLSELLiE, tweezers, Martial. 
ix. 28. which the men likewise did. Id. viii. 47. Suet. Cas. 4^, 
Galb. 22. Oth. 12. Qiiinctil. i. 6. 44. v. 9. 14. Proam. viii. 19. The 
edges of the eyelids and eyebrows ihey painted with a black pow- 
der or so{)\,{fulioitte (olhhelant,) Terlul. de cult. farn. 5. Juvcrai. 
ii. , 3. Plin. Ep. vi. 2. 

When they wanted to conceal any deformity on the face, they 
used a patch, (SPLENIUM vel emplastrvm.) Martial, ii.. 29. 8. 
sometimes like a crescent, lufiatum,) Id. viii. 33. 22. also for mere 
ornament, Plin. Ep. vi. 2. Hence spleniatus, patched. Martini, x. 
22. Regulus, a famous lawyer under Domitian, used to anoint 



THE ROMAN DRESS. 357 

{drcumlinere) his right or left eye, and wear a white patch over one 
side or the other of his forehead, as he was to pleaci cither for the 
plaintiff or defendantj ((/ex/r//m, 5/ a \, pro pdttore ; atterum^ si a 
possessore esstt acfunis,) Plin. Ep. vi. 2. 

The Romans took great care of their teeth by washing and rub- 
bing them, Plin. Ep. viii. 18. Pbn. xxxi. 10. MartinL xiv. 22. f^G. 
When thev lost them, they procured artificial teeth of ivorv, Hornt, 
Sat. i. 8. is. Minial. i. 21). 73. ii. II. v. 44. xii. 23. If loose, they 
bound them with gold, Civ. L^g^. ii. 24. It is said ^sculapius first 
invented the pulling of teeth, {df.titis tvulsionem,) Cic. Nat. 1). iii. 57. 

The Roman ladies used ear-rings JNAURES) of pearls, {mur- 
gtritcB, harccB, vel tmiorur,) Ilorat. Ep*»d. viii. 14. 8at. ii. 3. 241. 
three or four to each ear. Plin. ix. 35. s. b'6. Sure, de Bcnff. vii. 9. 
sometimes of immense value ; Swt. Jut. 50. Plin. ix. 3.5. s. 37. 
hence, Uror tut locuplelis domds airihns t-ens>tni ge.rii^ Senec. Vit. 
Beat. 17. and of precious stones, OiiLArt. Am. i. 432 : also neck- 
laces or ornaments for the ne»k, (MONIIJA.) made of gold, and 
set with gems, Virg. JG//. i. 6."i8, Ovid. Ahl. x. 264. C?V. Verr. iv. 
IS. which the men also used, Sw^t. Gidb. IS. O'cid. Met. x. 11.5. 
Plin. ix. 35. But the ornament of the men was usually a twisted 
chiin, {tonjuis, v. -^.9), V'^irg. ^En. vii. 351. or a circular phite of 
gold, {circnlui auri vel aureus^) Virg. ^n. 559. "'so a chain com- 
posed of rings, {catena, catell/:, vel calennla,) used ooth by men and 
women, Liv. xxxix. 31. flomt. Ep. i. 17. 55. Ornaments for the 
arms were called ARMlIA^iE. 

There was a female ornament called SEGMENTUM, worn only 
by matrons, Val. Max. v. 2. 1. which some suppose to have been 
a kind of necklace, Serv. in Vir^. JEn. i. 658. fsid. xix. 31. but 
others, more properly, an embroidered riband, (fascioy tcBnia. vel 
vitla intexta aurn,) or n purple fringe, purpurea, Jinibi'i.'iy \el instlta,) 
sewed to the clothes. Scholiast, in Juv. ii. 124. vi. 89. Ovid. Art. 
Jim. iii. 169. Hence testis, segmentata, an embroidered robe, or 
having a purple frinjie, (« crebis seriionihns,) Plant. 

The Rom:m women used a broad riband round the breast, call- 
ed SPROPHIL^M, which served instead of a bodice or stays, Ca- 
tul. Ixii. 6.5. They had a clasp, bnckle, or bracelet on the left 
shoulder, called SPINTHER. or Spinier, Peslus. Plant. Men. iii. 3. 4. 

The ordiniiry colour of clothes in the time of the republic was 
white ; but afterwards the women used a great variety of colours, 
according to the mode, or their particular taste, Ovid. Art. Am. iii. 
187. 

Silk {vestis serica bomhyrinn) was unknown to the Romnns till 
towards the end of the republic. It is frequently mentioned by wri- 
ters after that time, F/>cf. G. ii. 121. Horat. 'Epod. viii. 1.5.* Suet, 
Oil. .52. Mirtial. iii. 82. viii. .33. 68. ix. 38. xi. 9. 28. .50. Juvenal. 
vi. 2.59. The use of it was forbidden to men, Tadf. Annal. ii. 33. 
Vopisc. Tacit. 10. 

lleliogabalus is said to have been the first who wore a robe of pure 
silk, {vestis holoserica ;J before that time it used to be mixed with 



358 ROMAN ANTIQUITIES. 

some other stuff, {snbserimm,) Lamprid. in Elagab. 20. 29. The silk, 
which had been elosely woven in India, was unravelled, and wrought 
anew in a looser texture, intermixed with linen or woollen yarn, 
Ptin. vi. '^0. so thin ihat the body shone through it, (ul trdnshiceret,) 
Ibid, first fabricated in the island ('os ; Pim. xi. 22. s. 26. Hence 
Vestes CoiS for stnc<E vel bomhyriiur, lennrs vel ptlluridie, TibuU. ii. 
3. 57. Fropert. i. 2. 2. Ilorat. Sat. i. 2. 101. I'entus lexhlis, v. 
fiebula, Petrol). 35. The Kmperor Aurelian is said to have refused 
his wife a garment of pure silk, on account of its exorbitant price, 
Vof>itc. in AureL 45. 

Some writers distinguish between ip.</?.« lomhyvina and serira. 
The former they make to be produced by the silk- worm {btmhyx,) 
the latter from a tree in the country of the Sn'es, (-tin^. Ser.) in In- 
dia. But some writers confound them. It seems doubtful, how- 
ever, iC sericnm was quite the same with what we now call silk, Plin, 
xi. 22. *J. 25. xxiv. 12. s. 66, &lv. 

H\\k- worms {homhy res) are said to have been first introduced at 
Constantinople by two monks in the time of Justinian, A. V. 551. 
Procop. (If Bel/. Glith, iv. 17. The Romans were long ignorant of 
the manner in which silk was made. 

Clothes were distinguished, not only from their different texture 
and colour, but also from the place where they were manufactured ; 
thus, Vtsiis aurea, aiirala, pidit^ embroidered with gold ; purpurea, 
conrhi/iiala, C c. I*hil. ii. 27. astro vel murirt-, tincta, punicta, Tt/na 
V I Sarrnna, Sidonia, Assyria, P/tanicia ; Spartann, jMelihcca ; Gitula^ 
Pcdna, vel Punira, &c. PURPLE* dyed with the juice of a kind of 
shell fish, called i ukfuka or muulx ; iound chiefly at Tyre in Asia ; 
in Me.ninx, -if?>, an island near the Syrlis Minor, ^\k\ on the Getulian 
shore of the Atlantic onean, in Africa ; in Laconica, in Europe, Pliu, 
ix. 36. vS. 60. The niost valued purple resembled the colour of clot- 
ted blood, of a blackish shining appearance : whence blood is called 
by Homer, pnrpnrrns, Plin. ix. 38. s. 62. Under Augustus, the vio- 
let colour {violacra pnrp'urn),c;\me to be in request ; then the red 
{ruKra Tarentinfi) and the Tyrian twice dyed, {Tj^ria (lif-apfnt/u e, 
bis tinctu,) Plin. ix. 39. s. 63. Hr)rat. Od. ii. 16. 35. Vistis roninca, 
vel cocco tinit.i, scarlet, Marliul. v. 24. also put for purple, Horaf, 

* Brircp in liis ttavels 'affirms, timt ilioii>;li lie ctmsefl the water? to ])«• ca'ofii'ly 
dagji'd for till* Miirer. iie;ir Tyre, no surli shp!l-(isli was td he foijfid there, and he 
tlierefore hastily c iru ludi s^ ihht the 'I yiiaiis, v^c whoilyed jciiple framed the story 
Xi( a d e mi«d«r frotn the Mun-x. &(;. only t • conc-.ral their kiiowh^ij^e of ro<*,hiiieHl. 
Bill ther*' were toany other plares. besi.les Tyre, wlieie pirple was mariiif»cture(t, 
pririicidarly at Tan-.ntiim, imw Tara to. in Italy, wlieie Uly tea in his tiav«-ls, says 
immense hr-Hps <if the^e s'<ells a-e s'ill to be seen. It issaitl that ihi-! shell-tisli i« also 
fo jnd Oil tie coass of (inny iquil nuil Guati i.nla in Pkku. It is of ihe slz- of a la ge 
walnut, and adher-s to the iMcks that are washed hv the sia. The fluid ni^y be 
«\trHetfMl b.- S(|necziiig without l^ill'tig the fi<h ; but if the operation beulten repeat- 
ed, fhi" Hs I dies. Tiiere are m>inv specie-; of the Murcr. Vari«ins !-hade'< in the dye 
we;-e pridbiced from other sliel'-fi h. pariieii'arly from a kied of Bitcci un ; bnt the 
finest li t was "roiteii from the Murex These species of sliel's a-e jonnd in Various 
p irts of tiie M.;d.terrjineHn, bu. thvJ lise of tliein is now superseded by Cuchiiieal. — E. 



THE ROMAN DRESS. 359 

Sat. vi. 102. & lOo. M'lilensis, p gossupio\e\ xylo.coiUm, Cir. Verr. 
ii. 72. Plin. xix. I. C m, i. e. Se-riai vel hotnbj/cinn et purpura, fijie 
silk and purple made in the island Cos or C00.9, Ilorat. ()d. iv. 13. 
13. Silt. i. '2. iOl. Tib. ii. 4. -29. Juvenal, viii. lOl. Phri/glana, vol 
'i')na, i. e. wc/ coiUexta ft durcis Jilu (//co/v/, needlework or embroi- 
dery, Plia. viii. 48. a. 74. Others read here Phryxinna, and make 
it a coarse shaggy cloth ; freeze, opposed to rasit, smoothed, without 
hairs : Vir^al-i, striped, Vrr^r, JEu. viii. (i60. Scululnia, spotted or 
figured, Juvenal, ii. 97. like a cob Aeb, {aranearum tela.) which Pli- 
ny calls rete sculu/atu/n, xi. 24. Galb'ma vel zz/ff, ^reen or grass- 
coloured, Juvenal. ihi(L{rolor htrhani.n,) Marlial. v. 24. worn chief- 
ly by women ; hence Galhanatus, a man so dressed, Id. iii. S'2. 5. 
and Galhau more^, effeminate, i. 97. Amethyslina, of a violet or 
wine-colour, Ihid. & ii. 57. xiv 154. Juvenal, vii. 136. prohibited 
by Nero, Surt. 32. as the use of the vslis conchiiiati, a particular 
kind of purple, was by Ca3sar, except to certain persons and ages, 
and on certain days, S lef. Jul. 43. (.-rorola, a gartnent of a saffron 
colour, {crocei roloris,) Cic. Resp. Hir. 21. Smrfo/*, tine linen from 
Egypt and Tyre, Mirtial. ii. 16. iv. 19. 12. xi. 1. Vestris alra vel 
pulla, black or iron gray, used in moiirnlng, &c. 

In private and public mourning, the R(jmans laid aside their orna- 
ments, their gold and purpN;, iJv. ix. 7. xxxiv. 7. 

No ornament was mt)re generally worn among the Romans than 
rings, (ANNULl.) Tiiis custom seems to have been borrowed from 
the JSabines, Fav. i. 1 1. The senators and equiles wore golden rings, 
Liv. xxiii. 12. xxvi. 36. also the legionary tribunes, Appian. de Bell, 
Punic. 63. Anciently none but the .senators and equitcs were al. ow- 
ed to wear gold rings, Dio. xlviii. 45. 

The plebeians wore iron rings, Stat. Silv. iii. 2. 144. unless when 
presented with a golden one for their bravery in war, Cic, Verr. iii. 
80. or for any other desert, Suet. Jul. 39. Cir. Fam. x. 31. .Macrob. 
Sat. ii. 10. tinder the emperors, the right of wearing a golden ring 
was more liberally conferred, and often for frivolous reasons, Plin. 
xxxiii. 1. & 2. Suet. Gnlh. 14. Vitell. 12. Tacit. Hist. iv. 3. At 
last, it was granted by Justinian to all citizens, Novell. 78. Some 
were so finical with respect to this piece of dress, as to have lighter 
rings for summer, and heavier for winter, Juvenal, i. 28. hence call- 
ed Semes tres. Id. vii. 89. 

The ancient Rom ms usually wore but one ring, on the left hand, 
on the fing.ir next the least; hence called digitus annul\ris, GelL 
X. 10. Macrnh. vii. 13. But in later times, some wore several rings, 
Horat. Sit. ii. 7. 9. some, one on each finger. Martial, v. 62. .5. or 
more. Id. v. 11. xi. 60. which w^as always esteemed a mark of eflTe- 
minacy. 

Rings were laid aside at night, and when they bathed, Ibid. Trent. 
Heaut. iv. 1. 42. Ovid. Amor. ii. 15. 23. also by suppliants, Liv. 
xliii. 16. Val. Max. viii. 1. 3. and in mourning, Liv. ix. 7. Suet. Aug, 
101. Isidor. xix. 31. 



360 ROMAN ANTIQUITIES. 

The case (rnpsula) where rings were kept, was called Dactylcv 
•rpE<:A, JMurtlal. xi. 60. 

Kings were set with precious stones {gemmre) of various kinds ; as 
ji3is\)er, {jaspis,) sardonyx, adaujant, &c. AJariiaL \\. ^}(), v. 11. on 
which were engraved the images of some of their ancestors or friends, 
or a prince or a great man, Cic. Cut. iii. 5. Fin. v. I. Oxid. Trist, 
i. 6. 5. Plin. Ep. X. 16. Smt. 'J)h. 58. Semr. de ben. iii. !26. or the 
representation of some signal event, Swt. Galb. x. or I he like, Plin, 
xxxvii. I. riaut. Cure. i\'\. 50. Thus on Ponipey's ring were en- 
graved three trophies, Dio. xlii. 18. as (emblems of his three triumphs 
over the three parts of the world, F.urope, Asia, and Africa, Lie, 
Sext.6\. Pis. 13. Palb.4. tV 6. Plif. vii. ^26. On CasarVs ring, 
an armed Venus, Dio. xliii. 43. on that of Augustus, first a sphinx, 
afterwards the image of Alexander the Great, and at last his own, 
which the succeeding emperors continued to use, PHn. 37. I. Suet, 
Juff. 50. Do. li. 3. 

Nonius, a senator, is said to have been proscribed by Antony for 
the sake of a gem in his ring, worth 20,000 sesterces, P//w. Axxvii. 
6, s. 21. 

Rings were used chiefly for sealing letters and papers, {ad tabvlns 
obsignandas, Annulus mg.\a'I(»riu>.) Macrob. Sat. vii. 13. Liv, 
xxvii. 28. Ta it. Annul. \\.% jUn-fial. ix. 89. also cellars, chests, 
casks, &c. Plant. Cas. ii. 1. 1. Or. Fanri. xvi. 26. They were af- 
fixed to certain signs or symbols, [symbola, v. -?.) used for tr)kens, 
like what we call Tu/Ups, or Tally-hticks, arsd given in contracts in- 
stead of a bill or bond, Plaut. Parch, ii. 3. 29. Pseud, i. 1. 53. ii. 2. 
53. iv. 7. 104. or for any sign, Justin., ii. 12. Rings used also to be 
given by those who agreed to club for an entertainment, {qui roicrunf^ 
nl de symbolis essent, i. e. qui communi sumpiu eraut una roRnaturi,) 
in the person commissioned to bespeak it, {qui d rei proefidus est,) 
Ter. Eun. ii. 4. 1. Plaut. Slich. iii. 1. 28. &. 34. from symbCla, a shot 
or reckoning ; hence symbolam da^e, to pay his reckoning, Ter. And. 
i. 1. 61. Asymbolus ad cxuam venire, without paying, Id. Phorrn. ii. 
2. 25. Gell. vi. 13. The Romans anciently called a ring ungulis, 
from unguis, a nail ; as the Greeks, ^axTuXjo.c, from 5c«xruXo.c, a finger ; 
afterwards both called it symbOlu--, v. -vm. Plin- xxxiii. 1. s. 4. 

When a person at the point of death delivered his ring to any one, 
it was esteemed a mark of paiticular affection, Curt. x. 5. Justin, 
xii. 15. Val. Max, vii. 88. 

Rings w^ere usually pulled off from the fingers of persons dying. 
Suet. Tib. 83. Cal. 12. but they seem to have been sometimes put 
on again bef(»re the dead body was burnt. Prop. iv. 7. 9. 

Rings were worn bv women as \m'\\ as men, both before and after 
marriage, Horat. Od. i. 9. 23. Terent. H<c. iv. i. 59. v. 3. 30. It 
seems any free woman might wear a golden one. Plant. Cas. iii. 5. 
63. and Isidorus says, all free men, xix. 32. contrary to other au- 
thors. A ring used to be given by a man to the woman he was about 
to marry, as a pledge of their intended union, (Annulus pronubus,) 
Juvenal, vi. 27. a plain iron one {ferreus sine gemma) according to 



THE ROMAN DRESS. 361 

Pliny, xxxi. L But others make it of gold, Terlull. Apolog. 6. hid. 
six. 32. Those who triumphed also wore an iron ring, Plin, 33. i. 
S.4. 

The ancient Romans, like other rude nations, suffered their beards 
to grow, Liv. V. 41. (hence called barbati, Cic. Mur. 12. Gael. 14. 
Fin. iv. 23. Juvenal, iv. 103. but barbatus is also put for a full grown 
man, Horat. Sat. ii. 3. 249. Juvenal, x. 56. Martial, viii. 52.) till 
about the year of the city 454, one P. Ticinius Maenas or Msena 
brought barbers from Sicily, and first introduced the custom of 
shaving at Rome, Plin. vii. 59. which continued to the time of Ha- 
drian, who, to cover some excrescences on his chin, revived the cus- 
tom of letting the beard grow, Spartian. Adrian. 26. but that of 
shaving was soon after resumed. 

The Romans usually wore their hair short, and dressed it {ccesari- 
em, crines, capillos, comam vel comas, pectebant vel comebant), with 
great care, especially in later ages, when attention to this part of 
dress was carried to the greatest excess, Senec. de brev. vitcE, 12. 
Ointments and perfumes were used even in the army. Suet. Cms. 
67. 

When young men first began to shave, {cum barba reseda est, 
Ovid. Trist. iv. 10. 58.) they were said ponere barbam, Suet. Cal. 
10. The day on which they did this was held as a festival, and 
presents were sent them by their friends, Juvenal, iii. 187. Martial. 
iii. 6. 

Their beard was shaven for the first time sooner or later at plea- 
sure ; sometimes when the toga virilis was assumed, Suet. Cat. 10. 
but usually about the age of twenty-one, Macrob. in Som. Scip. i. 6. 
Augustus did not shave till twenty-five. Dio. xlviii. 34. — Hence 
young men with a long down {lanugo) were called Juvenes barbatu- 
li, Cic. Att. i. 14. or bene barbati, Id. Cat. ii. 10. 

The first growth of the beard {prima barba vel lanugo) was con- 
secrated to some god, Petron. 29. thus Nero consecrated his in a 
golden box, {prixide aured,) set with pearls, to Jupiter Capitolinus, 
Suet. Ner. 12. At the same time, the hair of the head was cut and 
consecrated also, usually to Apollo, Martial, i. 32. sometimes to. 
Bacchus, Stat. Theb. viii. 493. Till then they wore it uncut, either 
loose, Horat. Od. ii. 5. 23. iii. 20. 13. iv. 10. 3. or bound behind 
in a knot, {renodabant, vel nodo religabant.) Id. Epod. xi. 42. Hence 
they were called Capillati, Petron. 27. 

Both men and women among the Greeks and Romans used to let 
their hair grow ( pascere, alere, nutrire, promittere vel submittere) in 
honour of , some divinity, not only in youth, but afterwards, Virg. 
ASn.Yu. 391. Slat. Sylv. in. Prcef. et^carm. 4. 6. Theb. M 253. \l 
607. Censorin. de D. K. 1. Plutarch, in Thes. as the Nazarites among 
the Jews, Mimb. vi. 5. So Paul, Acts, xviii. 18. 

The Britons in the time of Ca3sar shaved the rest of their body, 
all except the head and upper lip, Cces. B. C. v. 10. 

In grief and mourning, the Romans allowed their hair and beard 
to grow, (promittebant vel sub mitt eb ant,) Liv. vi. 16, Suet. Jul. 67. 

46 



36-2 ROMAN ANTIQUITIES. 

Aug. 23. Ca!. '24. or lot it flow d slievelleH, {soivehant,) Liv. i. ^(y. 
Teivnt. IIcMMt. ii, 3. 45. Virg. ^n. ili. Ofx Ovid. Fast. ii. 813. tore? 
it, {/.tcwrahiinl vol fvelli haul,) Cir. Tusc. iii. 26. Curt. x. 5. or roi 
vered it wiili ddsl and ashes, Virfx, JEn. xii. 609. CuluH. xliv, 2*24, 
Th« Oreuks, on the contra r\\ in grief, cut their hair and shaved 
thoir !)';'ird, Sfucc. Beruf. v. (5. Plntnrrh, in Velopid. et ^ilexand^ 
Bf)i. Eidftl. I. 81. as likewise did some barbarous nations, «S?/f/. 
Oil. /"x It was reckoned igiioi?>inious among ihe J(;ws to shave 'et 
pfMsoii's beard, 2 Sani. x, 4. An)ong the Cniii^ a nation of Germa- 
ny, a youjiji mnn was not allowed to shave or cut his hair till he had 
sill!! ,in eiUMuy, Tacit, de J\Ior. Gfrm. 3L So Cni/is acted in con- 
seq len e of a vow, id. Hist. iv. 61. 

Tiiose who professed philosophy also tised to let their beard grow, 
fo give them an air of gravity, Horat. Sat. i, 3. 133. ii. 3. 35. Jirt. 
Post. 297. Hence Harhatus minister {or Socrates, Pers. iv. I. but 
ld)cr ha-iatus, i. c. villosn , rough, Marlvd. xiv. 84. f/arhaius xhit, 
without shaving, //. xi. 85. 18. 

Augustus w^iid sometimes to clip (tondere for/ice) his beard, and 
som 'tirnes to sinve it, {ntdere nnvarulj, i. e. radendnm curare vel 
fart- re,) Suet. Aug, 79.' So Martial, ii. 17. Some used to pull the 
hai.'s from the root, {pilos vellere,) with an instrument called Vol- 
SKI, LA, nippers or small pincers, PlauL Cure. iv. 4. 22. Suet. Cies.. 
45. nf)t onlv of the face, but of the legs, &c. Id. Jul, 45. .duo, 68. 
Oath. 22. bih. 12. Madia/, v.,62. viii. 46. ix. 28, Quiuctil. i. 6. v. 
9. viii. prooetrt. or to burn thens out with the iiame of nut shells, {su- 
burere nure ardenii,) Suet. Aug. 68. or of walnut-shells, {adurere 
candtntibus jugiatidinm put t minibus ;) as the tyrant Dionysius did, 
Cic. Tusr. v. 20. Off. ii. 7. or with certain ointment called Psjlo- 
TUKU.M ve! DRHMK, Martial, iii. 74. vi. 93. x. 65. or with hot pitch 
or rosin, which Juvenal calls calidi fascia vise?, ix. 14. for this pur- 
pose certain women were employed, called Usprkul^, Tertull, de 
pall, 4. This pullino' of the hairs, however, was always reckoned 
a mark of great effeniinacy, Gell, vii. 12. Cic, Ross. Com. 7. Plin, 
Ep, 29. l. s. 8. except from the arm-pits ; (aUt vel axillft^) Horat. 
Epod. xii. 5. Senec. Ep. 114. Juvenal, xi. 157. as likewise to use 
a mirror when shaving, Juvenal, ii. 99. Martial, vi. 64. 4. 

The Romans under the enjperors began to use a kind of peruke 
or periwig, to Cf)veror su)ply the want of hair, called CAPILLA- 
MKNTUM, Suet. Cal. il. or G.lkhus, Juveual. vi. 120. or Galk- 
Hic ulum, Suet. 0th. 12. The false hair, {cririesjicti\ vel stippositi) 
seems to have been fixed on a skin. Martial, xiv. .'■)0. This contri- 
vance does not appear to have been known in the time of Julius 
Caesar, SueJ. Jul. 45, at least not used by men ; for it was used by 
women, Ovid. Amor. i. 14. 45. 

In great families there were slaves for dressing the hair and for 
shaving, (TONSORES,) Ovid, Met. xi. 182. Martial, vi. 52. and 
for cutting the nails. Plaut. Aul. ii. 4. 33. Tibnll. i. 8. II. Val. Max, 
iii. 2. 15, sometimes female slaves did this, (Tonstrices,) Cic. 
Tusc, V. 20. Plant. True, iv. 3, 59. 



THE ROMAN DRESS. 363 

TlKJre wore for poorer people public barbers' shops or shades, 
(TONSTRINyE.) much frequented, 7Vr. Phorm, i. i>. 39. IhraL 
Ep. i, 7. 50. where females also used to officiate, J\Ja/l.a/. ii. 17. 

Slu-jes were dressed nearly in the same manner with the poor 
people, (See page 350 — 51.) in clothes of a darkish colt)ur, ( put/a li,) 
Hnd sWppem, {ere pi da ti ;) henc^e vends servUis^ C'lc, Pis. 38. Servilis 
kahitns. Tacit. Hist. iv. 3(i. 

Slaves in white are n^entioned with disapprobation, Plaul. Casin, 
ii. sc. Smt, bom. 12. Tliey wore either a straight tunic, called 
ExoMis or uiPHTUER^, GelL vii, J2. H'syrh, 16. or a coarse frf)ck, 
{litcerna et cucuUus,) Horat. Sat. ii. 7. 54. Juvenal, iii. 170. Mar- 
tial. X. 76. 

It was once proposed in the senate, that slaves should be distin- 
guished from citizens by their dress; but it apf)eared dangenjus to 
discover their number, S<'tiec, de clem. i. 24. Ey.ti/. 18. 

Slaves wore their beard and hair Jong. When manumitted, they 
shived their head and put on a cap, { piUus,) Juvenal, v. 171. Plant. 
Amphit. i. 1.30(3. See p. 45. 

In like manner, those who had esca()ed from shipwreck shaved 
Jheir head, Piatt, Hud. v. 2. 16. Juvenal, x.i. 81. Lucian. '>>■/ Ktmo- 
iim. In cahn weather, mariners neither cut their hair r.or nails, 
Petron. 104. Those accused f)f a capital crime, when {uquiticd, 
cut their hair and shaved, and went to the Capitol to return thanks 
lc» Jupiter, .A/wr/m/. ii. 74. Plin. Ep. 7, 27. 

The ancients regarded so mu<-h the cutting of the hair, that they 
believed no one died, till Prosctii-m, tiither in person or by the mi- 
nistration of .-ilrupos, cut oft" a hair from the head, which wus consi- 
dered as a kind of first fruits of consecration to Pluto, l^irg. JhUi. iv. 
698. Hor. Od. i. 28. 2<>. 

II. ROMAX EXTERTAIXMENTS. EXERCISES, BATHS, 
PRIVATE GAMES, cVc 

TiiE prinsipil m^il of thi R)mms wis wh it they called CCENA, 
supper; supposed by some to have been a^iciently their only one, 
Isidor. XX. 2. 

The usual time for the codna was the ninth hour, or three o'clock 
after noon in summer, Cir. Faun. ix. 26. MirtiuL iv. 8. 6. iind the 
tenth hour in winter, Ain:t. nd HiVinn. iv. 51. Piin. Ep. iii. I. 
It was esteemed luxurious to sup more early, Juveual. i. 41). Plin. 
Pan. 49. 

An entertainment begun bef)re the usual time, and prolonged 
till late ai night, was called CONVIVIUM INTEMPliS TI VIJM ; 
if prolonged till near m«>rnitjg, Ccena A\riLurA\A, Ctr. Cat. ii. 10. 
Cir. Arch. iy. ./V///r. 6. Vtrr. iii. 25. S<ii. 14. AM. ix. I. Sfmcde 
irl. ii. 2S. SufU Cut, 45. Such as feasted in this manner, were 
fiaid fpulariv{i\ vhi-n- dk dik, Ijiv. xxv. 23. Cal. 47. 6. Su<t. Xrr, 
27. Curt. V. 22. and i\ \)i^m liverr, when thcv luid no thought of 
futurity. C/V. PhU. \\. M. Tusc. v. II. On//, ii! 40. PhiL Ep. \. ^. 
a thing which was subject to the animadversion of the ccnsoj s. 



364 ROMAN ANTIQUITIES. 

About mid-day the Romans took another meal, called PRANDI- 
UM, dinner, which anciently used to be called CQENA, (xoiv*), i. e. 
cibus communis, a pluribus sumptus, Plutarch. Sympos. viii. 9. Isid. 
XX. 2. quo Plinius alluderc videtur, Ep. ii. 6.) because taken in 
company, and food taken in the evening was called (cibus vesperti* 
nus,) Vesperna ; Festus in ccena. But when the Romans, upon 
the increase of riches, began to devote longer time to the ccena or 
common meal, that it might not interfere with business it was de- 
ferred till the evening ; and food taken at mid-day was called Pran- 

DIUM. 

At the hour of dinner the people used to be dismissed from the 
spectacles, Suet. Claud, 34. Cal. bQ. 58 ; which custom first began 
A. U. 693. Dio. xxxvii. 46. 

They took only a little light food (cibum levem et facilem sume^ 
bant, V, gustabant,) Plin. Ep. iii. 4. for dinner without any formal 
preparation ; Cels. i. 3. Horat. Sat. i. 6. 127. ii. 4. 22. Senec. 
Epist. 84. Martial, xiii. 30. but not always so, Plaut. PcRn. iii. 5. 

14. Cic. Verr. i. 19. Horat. Sat. ii. 3. 245. Suet. Claud. 33. Do- 
mit. 21. 

Sometimes the emperors gave public dinners to the whole Ro- 
man people, Suet. Jul. 38. Tib. 20. 

A dinner was called Prandium caninum vel abstemium, at which 
no wine was drunk, {quod canis vino caret,) Gell. xiii. 29. 

In the army, food taken at any time was called PRANDIUM, Liv. 
xxviii. 14. and the army after it, Pransus paratus, Gell. xv. 12. 

Besides the prandium and cwna, it became customary to take in 
the morning a breakfast, (JENTACUEUM,) Plaut. Cure. i. 1. 72. 
Suet. Vitel. 13. Martial, xiii. 31. xiv. 223. and something de- 
licious after supper to eat with their drink, called COMISSA- 
TIO, Suet. Vitel. 13. Domit. 21. They used sometimes to sup in 
one place, and take this after-repast in another, Ibid. Liv. xl. 7. 9. 
Plaut. Most. i. 4. 5. 

As the entertainment after supper was often continued till late at 
night. Suet. Tit. 7. hence Comissari, to feast luxuriously, to revel, 
to riot, (xw|xa(Jsjv, a xwjxt), vicus, Festus vel potius a Kw/ao^, Comus, the 
god of nocturnal merriment and feasting among the Greeks,) Hor, 
Od.iv. 1.9. Quinct. xi. 3.57. COMISSATIO, a feast of that 
kind, revelling or riqjting after supper, Cic. Cat. ii. 5. Mur. 6. Ccel. 

15. Martial, xii. 4S. 11. Comissator, a person who indulged in 
such feasting, a companion or associate in feasting and revelling, 
Ter. Melph.v. 2. 8. Liv. xl. 7. Martial, iv. 5. 3. ix. 62. 15. Pe- 
iron. 65. Gell. iv. 14. Hence Cicero calls the favourers of the 
conspiracy of Catiline, after it was suppressed, Comissatores con- 
JURATIONIS, .^tt. i. 16. 

Some took food betwixt dinner and supper, called MERENDA, 
(quia vulgd debatur iis, qui aere merebant, i. e. mercenariis, ante- 
quam labore mitterentur ; a domino seu conductore,) Plaut. Most. iv. 
2. 50. or Anteccena, vel -mm, Isidor. xx. 22. 

The ancient Romans lived on the simplest fare, chiefly on pot- 



ROMAN ENTERTAINMENTS, &c. 365 

tage, ( puis,) or bread and pot-herbs : (hence every thing eaten 
with bread or besides bread, was afterwards called PULMENTUM 
or PuLMENTAiiiuM, (o'sj^wvjov, opsoniurrif called in Scotland, Kitchen,) 
Plin. xviii. 8. Varro. de Lat. Ling. iv. 22. Horat. Sat. ii. 2. 20, 
Ep. i. 18. 48. Senec. Ep. 87. Phsedr. iii. 7. 23. Juvenal, vii. 
185. xiv. 171. (Uncta pulmentaria, i. e. lauta et delicatafercula, nice 
delicate dishes, Pers. iii. 102.) Their chief magistrates, and most 
illustrious generals, when out of office, cultivated the ground with 
their own hands, sat down at the same board, and partook of the 
same food with their servants ; as Cato the Censor, Plutarch. They 
sometimes even dressed their dinner themselves, as CURIUS, Plin, 
xix. 5. s. 26. Juvenal, xi. 79. or had it brought them to the field 
by their wives. Martial, iv. 64. 

But when riches were introduced by the extension of conquest, 
the manners of the people were changed, luxury seized all ranks, 
ScBvior armis luxuria incubuit, victumque ulciscitur orbem, Juvenal, 
vi. 291. The pleasures of the table became the chief object of atten- 
tion. Every thing was ransacked to gratify the appetite, {vescendi 
causa terra marique omnia exquirere, &LC. Sail. Cat. 13. Gustus, i. e. 
dapes delicataSf dainties, elementa per omnia quceruntf Juvenal, xi. 
14.) 

The Romans at first sat at meals, Ovid. Fast. vi. 305. Serv. in 
Virg. JEn. vii. 176. as did also the Greeks. Homer's heroes sat on 
separate seats (^^ovo*, solia,) around the wall, with a small table be- 
fore each, on which the meat and drink were set, Odyss. i. iii. &c. 
vii. & viii. So the Germans, Tacit. 22. and Spaniards, Strah. ii. p. 
155. 

The custom of reclining (accumbendi,) on couches, (LECTI vel 
Tori,) was introduced from the nations of the east ; at first adopted 
only by the men, Val. Max. ii. 1. 2. but afterwards allowed also to 
the women. It was used in Africa, in the time of Scipio Africanus 
the elder, Liv. xviii. 28. 

The images of the gods used to be placed in this posture in a LeC' 
tisternium ; that of Jupiter reclining on a couch, and those of Juno 
and Minerva erect on seats, Val. Max. ii. 1. 2. 

Boys and young men below seventeen, sat at the foot of the couch 
of their parents or friends, (in imo lecto vel subsellio, vel ad lecti ful- 
cra assidebant,) Suet. Aug. 64. at B. more frugal table, {propria et 
parciore mensd,) Tacit. Ann. xiii. 16. sometimes also girls. Suet. 
Claud. 32. and persons of low rank, Plaut. Stick, iii. 2. 32. v. 4. 21. 
Donat. in Vit. Terent. 

The custom of reclining took place only at supper. There was 
no formality at other meals. Persons took them alone or in compa- 
ny, either standing or sitting, Suet. Aug. 78. 

The place where they supped was anciently called CQENACU- 
I.UM, in the higher part of the house, Varro. de Lat. Ling. iv. 33. 
whence the whole upper part, or highest story of a house, was call- 
ed by that name, Liv. xxxix. 40. Suet. Vit. 7. afterwards CCENA- 
TIO, Suet. Mr. 31. Juvenal, vii. 183. or TRICLINIUM, Cic. Att. 



366 ROMAN ANTIQUITIES. 

53. Sit(t. C(rs. 43. 7)h, 72. hecauFO ihroe couches (t^ci.c x>jvtt/, frm 
licli\ fricttnarta vel discuhitorii) weie j-pread {i^tfrrnlantiO') nround 
the table, on whicii the quests miglit rechne, Sen\ in I irg, JEu. i. 
C98. 

On each couch there were commonly three. They lay with the 
upper parts of ihe body reclined on the left arm, the head a little 
raised, tie back supported by cn>hions, {pnliiui, v. -?///,) and the 
l.mbs stretched out at tiill length, or a little bent ; the feet of the 
first behind the back of the second, and his feet behind the back of 
the third, \\ith a pillow between each. The head of the second 
was opposite to the breast of the first, so that, if he wanted to speak 
to him. especially if the thing was to be secret, he was obliged to lean 
upon his bosom, {in smu t'n iimhtrc, Plin. I p. iv. 22.) thus, Jofui, 
xiii. 23. In conversation, those who spoke raised themselves al- 
most upright, supported by cushions. When I hey ate, they raised 
.themselves on their elbow, Horn I. Od, i. 27. 8. ^^/. ii. 4. 39. ai d 
made use of the right hand, sometjuesof both hands ; for we do not 
read of their u>ing either knives (jr forks: hence jManus uuctie, Hof; 
Ep. i. 16. 23. 

lie who reclined at the top, (ad caput hell,) was called &UM- 
MUS vel /)W/?i7/.9, ihe highest ; at the foot, IMUS vel ?//////i//.v, the 
lowest; l)etween them, AJ EDI 1^8, which was esteemed the most 
honourable place, yivir. ih. Hural. Stif. ii. 8. 20. 

If a consul was present at a feast, his place was the lowest on the 
middle couch, which was hence called Loi us Con>ci ahis, because 
there he could most convenient'y receive any messages that were 
sent to him, Plninrrh. St^mpfis. ii. 3. The master ot th.e feast re- 
clined at the top of tlie lowest couch, next to the consul. 

Scmetitrics on one couch there werci only two, s<jmetimes four, 
Hotat. Sfil. i. 4. b6. It was reckoned sordid to have niore, CVc. 
/^>. 27. 

S< metimes there were onlv two couches in a room : hence called 
BICiJNll^M, Qmnitd. i. .^7.' PhnJ. Fnnh. iv. 5. C9. & 102. 

The ni mber of couches depe r.ded on that of th.e guests, which 
Varro said ought not to be below tlse number of the Graces, nor 
sibove that of the Muses, GdL xiii. 11. So in the time of Plautus, 
the nun)ber of those who reclined on cou( lies d d not exceed nine, 
St'^ch. iii. 2. 31. iv. 2. 12. Th.e persons whom those who were in- 
vited had liberty to bring with them, were called UMBK^, unin- 
vited guests, Hor, Sat. ii. 8. 22. Ep. i. v. 28. 

The bedsteads (Siom m) and icet {Fil( ka \Q\ptd(s) were made 
of wood, Grid. .Mel. viii. (1,56. sometnies of silver or gold, Smt. 
Jul, 49. or adorned with plates {hrailccb vel lainitnv^) of silver, Smt, 
Caf. 22. Martial, viii. 3.>. ,3. On the couch was laid a mattress or 
quilt, (('ui.(iT\, Juvenal. V. 17. Plin. xix. 1. lel matta. Olid, 
Past. vi. 68(>.) sttiflfed with feathers or wool, ( ic. Tvsc. iii. 19. an- 
ciently with hay or ch ift', {fieno vel actrt- aut paleCi,) Varro. de Lat. 
ling. iv. 35. All kinds of stuffing {omnia fardmina) were called 



ROMAN ENTERTAINMENTS, &c. 367 

TOMENTUM, quasi iondlmcntum. Suet. Tib. 54. Martial, xi. 22. 
xiv. 1.50. 

A couch vviili coarse stuffing, (conrisa puhit<i^ i. e. aryndincs pahts- 
(res.) a pallet, was culled Tomtniurn CIRC'ENSE because such were 
used iu the circus ; opposed to Tomentum Li\u«)Mi;um, v. Lkuco- 
fucvyi^jMirfin/. xiv. 160. Sm. de Vif. Ihnl. 25. 

At rirst, couches seemed to have been covered with herbs or leaves, 
Ovid. Kt.st. i. 200. & 20.3. hence LECTUS, a couch, [quod hirbis 
el frondihiis lectis iiicubdhanl ,) \ xxYro. de Eat. IJng. iv. 35. vcl TO- 
RUS, [quia ve.ierc.s znper herbnm tortani discumbehant, Id. et Serv. 
ill Virg. JEn. i. 70S. v. 3S3. vd, id alii dicunt, quod lectus toris, i. e. 
funibus ^Mf/rz-f/z/r, Ilorat. Epod. xii. 12.) or with straw (.v//Y/meAt 
vel strttmenlum,) Plin. viii. 48. llorat. Sat. ii. 3. 1 17. 

The cloth or ticking which covered the mattress or couch, the 
bed-covering [opirim>'utum vel luvoliirrum,) was called TORAL, 
Htraf. Sut. ii. 4. 84. Ep. i. 5. 22. by later writers, Tnrale Linleum, 
or Sfc:GK>TiiK, V. -truuiy -Iriuui, Varro. ibid. ; or I^'mhn, which is also 
put for a sheet or blanket, J//rr/i^//. vi. 194. vii. 65. Mmlud. xiv. 
148. 152. Lodiculuy a small blanket or Hannel coverlet lor the body, 
Suet. Ju^. 83. 

On solemn occasions, the couches were covered with superb 
cloth, with purple and embroidery, (Stkagilx vk>tis,) Cic. Virr. 
ii. 19. Liv. xxxiv. 7. llorat. Sal. ii. 2. 3. 118. picfa slra^rda^ Ti- 
bull. i.'*^. 79. Textile, stra^ulum^ an embroidered coverlet, with a 
beattiful mattress below, {pulchenimo strata,) Cic. Tusc. v. 21. 
but some read here pule her rime. ; as. Lei tus stratus conchyliato pt- 
ristroinale, bespread with a purple covering, Cic. Phil. ii. 27. also 
At v\Lic A peripelas^/fuHa, Cic, Verr. iv. 12. much the same with 
what Virgil calls superba aulaa, fiiie tapestry, JEn. i. 697. said to 
have been first invented at the court {in aula, hinc aui ^ea), of Atta- 
hjs, king of Fergamus, Pliu. viii. 48. Habylouica peristromata con- 
sutaque lapetia, wrought with needle-work, Plaut. Slich. ii. 2. 54. 

Hangings {aulcea) used likewise to be suspended from the top of 
the room to receive the dust, Hural. Sal. ii. 8. 54. Serv. in Virg;, 
JEa, i. 697. 

Under the emperors, instead of three couches, was introduced the 
use of one of a semicircular form, thus C ; called SIGMA, from the 
Greek letter of that name, which usually contained seven, MartiaL 
ix. 48. sometimes eight, called alsoSTIBADIUM, //. xiv. 87. But 
in later ages the custom was introduced, which still prevails in the 
East, of sitting or reclining on the fioor at meat, and at other times, 
on cushions, Accubfta, Scholiast, in Juvenal, v. 17. Lamprid. He- 
lioft. 19. & 25. covered with cloths, Accubitalia, Trtb. Pallia, in 
Claud. 14. 

The tables (MENS^) of the Romans were anciently square, and 
called CiBii.L.'E, Varro. de J^at. Lins[. iv. 25. Feftlus ; on three sides 
of which were placed three couches ; the fourth side was left empty 
for the slaves to bring in and out the dishes. When the semicircular 



I 



368 ROMAN ANTIQUITIES. 

couch or the sigma came to be used, tables were made round, Ju- 
venal, i. 137. 

The tables of the great were usually made of citron or maple 
wood, and adorned with ivory, Cic, Verr, iv. 17. Martial, xiv. 89. 
& 90. ii. 43. Plin. xiii. 15. s. 29. 

The tables were sometimes brought in and out with the dishes on 
them ; hence Mensam apponere, Plant. Jlsin. v. 1. 2. Id. Most. i. 
3. 150. iii. 1. 26. Cic. Att. xiv. 21. Ovid. Met. viii. 570. et aufer- 
RE, Plant. Amph. ii. 2. 175. vel removere, Virg. Mn. i. 220. &;c. 627 ; 
but some here take menses, for the dishes. Sometimes the dishes 
were set down on the table ; hence cibum, lances, patinas, vel ccenam 
mensis apponere, Virg. ^n. iv. 602. Cic. Tusc. v. 32. Verr. iv. 22. 
Att. vi. 1. Epulis mensas oner are, Virg. G. iv. 388. demere vtl tol- 
LERE, Plat. Mil. iii. 1. 55, (fee. 

Mens A is sometimes put for the meat or dishes, (lanx, patina, pa- 
iella vel discus ; hence Prima mensa. for prima fercula, the first 
course, the meat ; Macrob. Sat. vii. 1. Secunda mensa, the second 
course, the fruits, &c. bellaria, or the dessert, Cic. Att. xiv. 6. Farh, 
xvi. 21. Virg. G. ii. 101. JsFep. Ages. 6. Mittere de mensa, to send 
some dish, or part of a dish, to a person absent, Cic. Att. v. 1. Da- 
pen metises brevis, a short meal, a frugal table, Horat. Art. p. 198. 
mensa opima, Sil. x. 283. 

Virgil uses menses for the cakes of wheaten bread (adorea liba vel 
cereale solum. SOLUM omne dicitur, quod aliquid sustinei, Serv. 
in Virg. Eel. vi. 35. iEn. v. 119. Ovid. Met. i. 73.) put undeAhe 
meat, which he calls orbes, because of their circular figure, and 
quadrcB, because each cake was divided into four parts, quarters, or 
quadrants, by two straight lines drawn through the centre, Virg. Mn. 
vii. 116. Hence aliend vivere quadra, at another's expense or ta- 
ble, Juvenal, v. 2. jindetur quadra, i. e. frustum pants, the piece of 
bread, Horat. Ep. i. 17. 49. So quadra placentce vel casei, Mar- 
tial, vi. 75. xii. 32. 18. 

A table with one foot was called Monopodium. These were of 
a circular figure, (orbes), used chiefly by the rich, and commonly 
adorned with ivory and sculptures, Juvenal, i. 138. xi. 123. 

A side board was called ABACUS, Liv. xxxix. 6. Cic. Verr. iv. 
16. 25. Tusc. V. 21. or Delphtca, sc. mensa, Vet. Schol. in Juvenal, 
iii. 204. Martial, xii. 67. Cic. Verr. iv. 59. Lapis albus, i. e. mensa 
marmorea, Horat. Sat. i. 6. 116. 

The table of the poorer people commonly had three feet, (Tripes,) 
Horat, Sat. i. 3. 23. Ovid. Met. viii. 661. and sometimes one of them 
shorter than the other two, Ovid. Met. viii. 661. Hence incsquales 
MENSiE, Martial, i. 56. 11. 

The ancient Romans did not use table-cloths, (mantilia,) but wip- 
ed the table with a sponge. Martial, xiv. 44. or with a coarse cloth, 
(gausdpe), Horat. Sat. ii. 8. 11. 

Before the guests began to eat, they always washed their hands, 
and a towel (Mantile, v. -tele, -telle, -urn, v. -ium,) was furnished 



ROMAN ENTERTAINMENTS, &c. 369 

them in the house where they supped, to dry them, Virg, JEn. i. 
702. G. iv. 377. But each guest seems to have brought with him, 
from home, the table-napkin (MAPPA) or clolh, which he used in 
time of eating to wipe his mouth and hands, Martial, xii. 29. Horat, 
ii. 8. Q''<^. but not always, Hor, Ep, i. 5. 22. The moppa was some- 
times adorned with a purple fringe, (lato clavo,) Mart. iv. 46. 17. 

The guests used sometimes, with the permission of the master of 
the feast, to put some part of the entertainment into the mappa, and 
give it to their slaves to carry home, Mart, ii. 32. 

Table-cloths {Hntea villosa, gausdpa vel manlilia,) began to be 
used under the emperors. Martial, xiv. 138. xii. 29. 12. 

In latter times the Romans before supper used always to bathe, 
Plant. Stick, v. 2. 19. The wealthy had baths, (BALNEUM, vel 
Balinenm^ plur. -neoe vel a,) both cold and hot, at their own houses, 
Cic. de Orat. ii. 55. There were public baths (Balnea) for the use 
of the citizens at large, Cic. C eel. 26. Horat. Ep. i. 1. 92. where there 
were separate apartments for the men and women, {balnea virilia et 
muliebria), Varro. de Lat. Ling. viii. 42. Vitruv. v. 10. Gell. x. 3. 
Each paid to the bath-keeper [halneator) a small coin, {quadrans,) 
Horat. Sat. i. 3. 137. Juvenal, vi. 446. Hence res qimdrantaria for 
balneum, Senec. Epist. 86. Quadrantarin permnfaiif^, i„ e pro quad' 
rante copiam sui fecit, Cic. Ccel. 26. So quadrantarm is put for a 
mean harlot, QuinctiL viii. 6. Those under age paid nothing, Ju- 
venal, vi. 446. 

The usual time of bathing was two o'clock (octava kora) in sum- 
mer, and three in winter, Plin. Ep. iii. 1. Martial, x. 48. on festival 
days sooner, Juvenal, xi. 20.5. 

The Romans before bathing took variqus kinds of exercise, {exer- 
citationes campestres, post decisa negotia campo, sc. Martio, Hor. 
Ep. i. 1. 59.) as the ball or tennis, (PILA,) Horat. Sat. i. 5. 48. 
throwing the javelin, and the discus or quoit, a round bullet of stone, 
iron, or lead, with a thong tied to it, Horat. Od. i. 8. 1 L the PA- 
LUS, or Pal ARIA, Juvenal, vi. 246. (See p. 317.) riding, running, 
leaping, ^Lc.Suet. Aug. 83. Martial, vii. 31. 

There were chiefly four kinds of balls ; — 1. PILA trigOnalis vel 
TRiuo.v,so called, because those who played at it, were placed in a 
triangle, (tjpi/wvov,) and tossed it from one to another ; he who first] let 
it come to the ground was the loser. — 2. FOLLIS \e\folliculus, in- 
flated with wind like our foot-ball, which, if large, they drove with 
the arms, and simply called Pi la. Prop. iii. 12. 5. or Pil\ velox, 
Horat. Sat. ii. 2. 11. if smaller, with the hand, armed with a kind 
of gauntlet ; hence called Follis i'ugillatorius,. Plant. Riid. uu 

4. 16. .Martial, xiv. 47. 3. PILA PAGANICA, the village-ball, 

stuflTed with feathers ; less than the follis, but more weighty, Mar- 
tial, xiv. 45. 4. HARPASTUM, (^^6 a^-ra^w, rapio,) the small- 
est of all, which they snatched from one another, Martial, iv. 19. 
vii. 31. Suet. Aug. 83. 

Those who played at the ball, were said ludere raptim, vel pilam 
revocare cadentem, when they struck it rebounding from the ground ; 

47 



370 ROMAN ANTIQUITIES. 

when a number played together in a ring, and the person, who bed 
the ball, seemed to aim at one, but struck another, ludere dataiim, 
vel HO I i-p'rato fitgicnirm I'rddere gestus ; when they snatched the 
ball from one another, and threw it aloft, without letting it fall to 
the ground, /«f//' re expultim^xe] pilam geminare vo/antem, I^ucan. 
ad Pison. 173. Plnut. Cure. ii.3. 17. Isidor. i". 21. 

In co.mtry villas there was usually a tennis-court, or place for 
playiag at the bill, and for other exercises, laid out in the form of a 
circus^ hence called Si'mjeristekium, SittiL l^esp. 20>. Piin, Ep, iL 
17. V. 6. 

Y >ung men and boys used to amuse themselves in whirling along 
a circle of brass or iron, set round with rings, as our children do 
wooden hoops. It was called TROCHUS, {a 'r^sx^t cvrro,) and 
Gf terns troclws, because borrowed from the Greeks, Horai, Od, iii. 
24. 57. Martial, xi. 22. xiv. 169. The top (Turbo vel buxum) was 
peculiar to boys, Virg. JEn. vii. 378. Prrs. iii. 51. Some confound- 
ed these two, but improperly. 

Those who could not join in these exercises, took the air on foot, 
in a carriage, or a litter. 

There were various places for walking, (AMBULACRA vel AM- 
BULATIONKS, 7ibl Fpcttiarentur,) both public and private, under the 
open air, or under covering, C'ir. Dom. 44. Oral. ii. 20. Jiti. xiii. 
29. ad Q. Fratr. iii. 17. Gell. i. 2. Houtt. Od. ii. 15. 16. Ep, i. 10. 
22. Jiaenal. iv. 5. vi. 60. 

Covered walks (PORTICUS, porticos or piazzas) were built in 
dift'erent places, chiefly round the Campus Martivs and Forvm, sup- 
ported by marble pillars, and adorned with statues and pictures^ 
som?> of them of immense extent ; as those of Claudius, it/or/fo/. de 
Sp.ct. ii. 9. of Augustus, Suit. 31. of Apollo, Prop. ii. 31. 1. Ovid, 
Trisf. iii. 1. .59. of Nero, Suet. JsFer. 31. of Pomp'ey, Cic. de Fat, 4. 
Ovid. Ai t. Am. i. 67. of Livia, Plin. Ep. i. 5. &c. 

Porticos were employed for various other purposes besides taking 
exercise. Sometimes the senate was assembled, and courts of jus- 
tice held in them. 

A place set apart for the purpose of exercise on horseback or in 
vehicles, was called GESTATIO. In villas it \Tas generally con- 
tiguous to the garden, and laid out in the form of a circus^ Plin. 
Epist. i. 3. ii. 17^ 

An enclosed gallery, with large windows to cool it in summer, 
was called ChyftAportk us, Plin. flpiit. ii. 17. v. 6. commonly 
with a double row of windows, Id. vii. 21. 

Literary men, for the sake of exercise, {stomnchi causa,) used to 
read aloud, {dare ci inienic iegcre,) Plin. Ep. ix. 36. 

As the Romans neither wore linen, nor used stockings, frequent 
bathing was necessary both for cleanliness and health, especially as 
they took so much exercise. 

Anciently they had no other bath but the Tiber. They indeed 
had no water but what they drew from thence, or from wells in the 
city and neighbourhood ; as the fountain of Egcria, at the foot of 



ROMAN ENTERTAINMENTS, &c. 371 

Mount Aventine, Liv. i. 19. Ovid. FasLul 273. JuvenaL iii. 13. of 
JVfercury, Ovid, Fast. v. 673. &c. 

The first aqueduct at Rome was built by Appius Claudius, the 
censor, about the year of the city 441. Diodor. xx. 36. Seven or 
eight aqueducts were afterwards built, which brought water to Rome 
from the distance of many miles, in such abundance that no city was 
better supplied. 

• The aqueducts were constructed at a prodigious expense, carried 
through rocks and mountains, and over valleys, supported on stone 
or brick arches. Hence it is supposed the Romans were ignon nt 
that water conveyed in pipes rises to the height of its source, what- 
ever be the distance or inequality of ground through which it passes. 
It is strange they did not discover this fact, considering the frequent 
use they made of pjpes {Jistulct) in conveying water. That tliey 
were not entirely ignorant of it, appears from Tliny, who says^Jr/na 
in vel e pluniho subit aitdndinem, exortas sui, water in leaden pipes 
rises to the height of its source, xxxi. 6. s. 31. The truth is, no pipes 
could have supported the weight of water conveyed to the city in 
I'he Roman aqueducts. 

The waters were collected in reservoirs, called CASTELLA, 
and thence distributed throughout the city in leaden pipes, Piin, 
xxxvi. 15. Horat. Kp. i. 10, 20. 

When the city was fully supplied with water, frequent baths were 
built, both by private individuals and for the use of the public ; Lt 
fij'st, however, more for utility than show, {in iisum, non obltclamen- 
turn,) Senec. Ep, 86. 

It was under Augustus that baths first began to assume an air of 
grandeur, and were called THERiMJE, (2r=7ixa«, en lores, i. e. ra/idie 
agu(Sf Liv. xxxvi. J5„) bagnios or hot baths, although they also con- 
tained cold baths. An incredible number of these were built up and 
down the city, Plin. Epist. iv. 8. authors reckon above eight hun- 
dred, many of them built by the emperors with amazing magnifi- 
cence. The chief were those of Agrippa, near the Pantheon, J)io, 
liii.27. Martial, iii. 20. of Nero, Martial, vii. 33. Slat^ Sih.l5. 
61. of Titus, Suet. 7. of Domitian, Suet. 5. of Caracalla, Antoni- 
nus, Dioclesian, &c. Of these splendid vestiges still remain. 

The basin (/««^>v/maut lacns) w^herethey bathed, was called BAP- 
TISTERIITM. NATATIO or Piscina. *The cold bath was called 
FRIGIDARIUM, sc. ahenmn v. balneum; the hot, CALDARHJM, 
and the tepid, TEPIDARIUM. The cold bathroom was called 
Cklla FHitriDARiA ; aud the hot, Cella Caldaria, Plin. Epist. 
v. 5. Vitruv.v. 10. the stove-room, Hypocai:sto\, or Vai'okaju- 
UM, CAc. Q. Fratr. iii. I. warmed by a furnjice {propigneum vel pr(t' 
fnrnium) below, Plin. Ep. ii. 17. adjoining to which were sweating 
rooms, (SUDATORIA, Senec. Epist. 52. vel A.^.^a, sc. balnea ; Cic, 
Q. Fratr. iii. 1. ;) the undressing room was named Ar(»Di iarium, 
Cic. ibid. Plin. Ep. v. 6. the perfuming room, Unctuariu.m, ii. 17. 
Several improvements were made in the construction of baths in the 
time of Seneca, f^/i/5/. 90. 

The Roraans began their balliin^ with hot water, and ended v/iih 



372 ROMAN ANTIQUITIES. 

cold. The cold bath was in great repute, after Antonius Musa re- 
covered Augustus from a dangerous disease by the use of it ; Suet. 
Aug. lix. 81. Plin. xxix. 1. Horat. Ep. i. 1.5. but fell into discredit 
after the death of Marcellus, which was occasioned by the injudici- 
ous application of the same remedy, Dio. liii. 30. 

The person who had the charge of the bath was called BALNE- 
ATOR, Cic.C(^L 26. PhiL\m. 12. He had slaves under him, 
called Capsarfi, who took care of the clothes of those who bathed. 

The slaves who anointed those who bathed, were called ALIP- 
TiE, Cic. Fam, i. 9. 35. Juvenal, iii. 76. vi. 421. or Unctores, 
Martial, vii. 31. 6. xii. 71. 3. 

The instruments of an Aliptes were a curry-comb or scraper, 
(STRIGILIS, v.//.) to rub off, [nd defrkandum ct dcstrwgendvm 
vel radenduni) the sweat and filth from the body ; . made of horn or 
brass, sometimes of silver or gold, Suet. Aug. 80. Horat. Sat. ii. 7. 
110. Pers. V. 126. Martial, xiv. ^^LSenec. Epist. 95. whence strig- 
menta for sordes ; — towels or rubbing cloths, (LINTEA,) — a vial or 
cruet of oil, (GUTTUS,) Juvenal, xi. 158. usually of horn, (corne- 
w.<f,) hence large horn was called RinNot:EROs, Juvenal, iii. 263. 
vii. 130. Martial, xiv. 52. .53. Gell. xvii. 8. a jug: (amfulla,) 
Plant. Stick, i. 3. 77. Pers. i. 3. 44. and a small vessel called Len- 
ticula, a Chrismatery. 

The slave who had the care of the ointments was called Unguen- 
TARius, Serv. in Virg. Mn, i. 697. 

As there was a great concourse of people at the baths, poets some- 
times read their compositions there ; Horat. Sat. i. 4. 73. Martial. 
iii. 44. 10. as they also did in the porticoes and other places, Juve- 
nal, i. 12. vii. 39. Plin. Epist. i. 13. iii. 18. vii. 17. viii. 12. Su(t. 
Aug. 89. Claud. 4\, Domit.'^. chiefiy in the months of July and 
August, Plin. Epist. viii. 21. Juvenal, iii. 9. 

Studious men used to compose, hear, or dictate something while 
they were rubbed and wiped, Suet. Aug. 85. Plin, Epist. iii. 5. iv. 
14. 

Before bathing, the Romans sometimes used to bask themselves 
in the sun, {sole uii,) Plin. Ep. iii. 5. vi. 16. Sen. Ep. 73. Jn sole, 
si caret venfo, ambulet nudus, sc. Spurrina, Plin. Ep. iii. I. 

Under the emperors, not only places of exercise, {gymnasia et 
palestrce^) but also libraries (bibliothecce) were annexed to the public 
baths, Senec. de. Tranquil. An. 9. 

The Romans after bathing dressed for supper. They put on the 
SYNTHESIS {vestis ca^natoria vel accuhatoria)imd slippers ; which, 
when a person supped abroad, were carried to the place by a slave, 
with other things requisite ; a mean person sometiines carried them 
himself, Horat. Ep. i. 13. 15. It was thought very wrong to appear 
at a banquet without the proper habit, Cic. Vat. 12. as among the 
Jews, Matth. xxii. 11. 

After exercising and bathing, the body required rest ; hence pro- 
b ibly the custom of reclining on couches at meat. Before they lay 
down, they put off their slippers, that they might not stain the 
^UGbes, Martial, iii. 50» Herat, Sat, ii» 8. 77. 



ROMAN ENTERTAINMENTS, &c. 373 

Al feasts, the guests were crowned with garlands of flowers, herbs, 
or leaves, (^cr/r/, cnrorue, vel corollce,) tied and adorned with ribands, 
(vittie, tenia, vel lemnisri,) or with the rind or skin of the linden tree, 
{philyra,) Horat. Od. ii. 7. 23. ii. 11.13. Sat. ii. 3. 256. Virg. Eel. 
vi. 16. Juvenal, v. 36. xv. 50. Martial, xiii. 127. Ovid. Fast, v, 
337. Plin. xvi. 14. These crowns, it was thou<Tht, prevented in- 
toxication : Hence cum corona ebriuft, Plaut. Pseud, v. 2. Amph. 
iii. 4. 16. 

Their hair also was perfumed with various ointments ; {ungnenta 
ve\ aroma ta,) nark or spikenard, Nardum, vel -W5, Malouathrum 
AssvRiUM, Horat. ibid, Martvtl. iii. 12. Amomum, Virg. Eel. iii. 89. 
iv. 25. B^L»<AJViuM ex Judita, Plin. xii. 25. s. 54. &c. — When fo- 
reign ointments were first used at Rome, is uncertain ; the selling of 
them was prohibited by the cens^ors, A. U. 565. Plin. xiii. 3. s. 5. 

The Romans began their feasts by prayers and libations to the 
gods: {deos invocabant, Qiiinctilian, v. pr. Libnre diis dap es et bene 
precari, Liv. xxxix. 43.) They never tasted any thing without con- 
secrating it; Tibull. i. 1. 19. They usually threw a part into the 
fire as an offering to the Lares, 'therefore called Dii faiellarii, 
Plaut. Cist. ii. 1. 46. Hence DAPts libat^. ; Horat. Sat. ii. 6. 67. 
and when they drank, they poured out a part in honour of some god 
on the table, which was held sacred as an altar, jllacrob. Sat. iii. 11. 
Virg, JEn. 1.736. Sil. vii. 185. 748. Plaut. Cure. I '2. 3\. Ovid, 
Amor. i. 4. 27. with this/ormw/f/, Libotibi, Tacit, Annul, xv. 64. 

The table was consecrated by setting on it the images of the Lares 
and salt- holders, (salinorum appositu,) Arnob. ii. 

Salt was held in great veneration by the ancients. R was always 
used in sacrifices, Horat. Od. iii. 23. 20. Plin. xxxi. 7. s. 41. thus 
also Moses ordained, Lpvit. ii. 13. It was the chief thing eaten by 
the ancient Romans with bread and cheese, Plin. ibid. Horat. Sat, 
ii. 2. 17. as cresses, {nasturtium) hy the ancient Persians, Cic Tunc 
v. 34. Hence Salarium, a salary or pension, Plin. ibid. Suet. Tib, 
46. Martial, iii. 7. thus, Salaria mullis subtraxit, quop otiosos lidebat 
accipere, sc. Antoninus Pius, Capitolin. in xita ejus, 7. 

A family saltcellar ( patemnm salinum, sc. -vas) was kept with 
great care, Horat. Od. ii. 16. 14. To spill the salt at table was 
esteemed ominous, Feslus. Setting the salt before a stranger was 
reckoned a symbol of friendship, as it still is by eastern nations. 

From the savour which salt gives to food, and the insipidity of un- 
salted meat, *a/ was applied to the mind, Plin. xxxi. 7. s. 41. hence 
SAL, wit or humour; salsus, \V\\\y -, insalsus, dull, insipid: sales, 
witty sayings ; sal .^tlicum, sales urbani, Cic. Fam. ix. 15. Sales in- 
tra pomieria nati, polite raillery or repartees, Juvenal. \x. II. Sal 
niger, \. e. amari sales, bitter raillery or satire, Horat. Ep. ii. 2, 60. 
but in Sat, ii. 4. 74. sul nigrum means simply />/r/rA: salt. 

Sal is metaphorically applied also to things; thus, Tectum plus 
salis quam sumptus habebal, neatness, taste, elegance, Kep. Alt. 13. 
Nulla in corpore mica salis, Catull. 84. 4. 

The custom of placing the images of the gods on the table, pre- 
vailed also amoos; the Greeks and Persians, particularly of Hercules; 



374 ROMAN ANTIQUITIES. 

hence called EpiTRAPfzius, S/r/^ Sy/r. iv. 6. 60. JWir/r^/a/. ix. 41. 
and of making iibalions, C'//W. v. 8. 

In making an oath or a prayer, the ancients touched the table as 
an altar» Ovid. Amor. i. 4. 27. and to violate it by any indecent word 
or action was. esteemed impious, Juvenal, W.iiO. To this Virgil 
alludes, v'?^/*. vii. 114. 

As the ancientvS had not proper inns for the accommodation of 
travellers, the Romans, when ihey were in foieign countries, or at a 
distance from home, used to lodge at the houses of certain persons, 
whom they in return entertained iit their houses in Rome. — This 
was esteemed a very intimate connexion, and called HOSIMTIUM, 
or Jus Hospit i, Liv. i. I. Hence II0SPE8 is put both for an host 
or entertainer, and a guest, Oiid. AJet. x. !2'24. Phmt. Most, ii. 2. 
48. Cic. Dejot. 3. Jhcipere. ho.y,iUm luni multi cihi scd mu/lijon\ 
Cic. Fam. ix. 20. Divcrtcre ad hospit cm, Dc Divin. i. 27. s. 57. 
Fin. V. 2. Hospitinm, cum ttliqiio facrre, Liv. et Cic. Jvtigimns hos- 
pitio dt'xlnis^ sc. in Virg. JEiix, iii. 83. Hospitio conjungi, CAc. Q. Fr. 
i. 1. Hospitio ahquem exripere rt acripi ; retmnciare hospitium ei, 
Cic. Verr. ii. 36. Liv. xxv, 18. "Amiciliam li more, majorum renuri' 
i'iare, Snet. Cal 3, Tacit. Ann. ii. 70. Domo interdiceie. Id. Aug. 
66. Tacit. Ann. vi. 29. 

This connexion was formed also w^ith states, by the whole Roman 
people, or by particular persons, I^iv, ii. 22, v. 28. xxxvii. .54. Cic, 
Verr, iv. 65. Ha/h. 18. C(vs. B. G. \. 31. Hence CUentiUn hos- 
pitinque provincial ia, Cic. Cat. iv. 11. Piiblici hospilii jura, Plin. 
iii. 4. 

Individuals used anciently to have a tally, (TESSERA hospitali- 
intis,) or piece of wood cut into two parts, of which each party 
kept one. Plant. Pa^n, v. I. 22. i& 2. 92. They swore fidelity to 
one another by Jupiter: hence called HosriTALi>, Cic, Q. Fr. ii. 
11. Hence a person who had violated the rights of hospitality, 
and thus precluded himself access to any family, was said coxjre- 
GissK tksseram, PA/?//. Ci/. ii. 21. 

A league of hospitality was sometimes formed by persons at a dis- 
tance, by mutually sending "prcseiits to ore another, quce mitlit donOy 
hospitio quum jun^eret ahs/ns (JctdwuF, \ \v^. ijRn. ix. 361. 

The relation of /lo.'f/j/r.s^ was esteemed next to that of parents and 
clients, Grll. i. 13. To violate it was esteemed the greatest impie- 
ty, f^irg. Jhln. V. .55. Cic. Verr. v. 42. 

The reception of any stranger was called Hospitium, or plur. -i.a, 
Ovid. Fast. vi. 536. and also the house or apartment in which he 
was (mtertained ; thus, hospitinni sit tria villa meum. Ovid. Tout. i. 
8.69. Divisi in hospitia,\o(\ii'\n^^. /.iv.n. 14. Hosi'half: cubiculum,^ 
the guest-chamber, Liv. i. .58, Hospitio ntfhalur Tulli, lodged at the 
house of, Ih. 35. Hence Florus calls Ostia, Marilimum vrhis hospi^ 
tium, i. 4. So Virgil calls Thrace, Hospitium antiquum Trojce, a 
place in ancient hospitality with Troy, ,^At. iii. L5. Linqtierv poUu' 
turn hospitium, i. e. locnm in quo jura hospilii violala fueranf, lb. 61. 
The Roman nobility used to build apartments {domuucula) for 



ROMAN ENTERTAINMENTS, &c. 375 

strangers, called HOSPITALTA, on the right and left end of their 
houses, with separate entries, that, ufM)n their arrival, they might 
be received there, and nut into the peristyle or principal entry ; (Pe- 
RisTYLiuM, so Called because surrounded with columns, Vitruv, vi, 
10. SneL Aug, 8-2. 

The CCENA of the Romans usually consisted of two parts, called 
Mensx prima, the first course, consisting of different kinds of meat; 
and Mkns\ .secu.vda vel alpeua, second course, consisting of fruits 
and sweetmeats, Serv. in Virg, JSu. i. 216. 7*23. viii. 283. 

In later times, the first part of the cccAm was called GUSTATIO, 
Pelron. 22. 31, or Gusru-, consisting of dishes to excite the appe- 
tite, a whet, Mtrlial, xi. 32. 53. an I wine mixed with water and 
sweetened with honey, called MULSUM ; Horat. Sat. ii. 4. 26. Cic, 
Tuw, iii. 19. Onit. ii. 70. Fin. ii. 5. s. 17. Plin. xxii. 24. whence what 
was eaten and drunk {anlfcxnn) to whet the appetite, was named 
PROMULSIS, Cic. Fam. ix. 10. 23. S-nec. Fp. 123. and the place 
where these things were kept, Pkomul^idarium, v. -re, or Gusta- 
Tt)RiuM, Petron. 31. Plin. Fp. v. 6. Martini, xiv. 88. Plin. ix. 12. 

But gustatio is also put for an occasional refreshment through the, 
day, or for breakfast, Pirn. Fp. iii. 5. vi. 16. Suet. Aug. 76. Vopisc, 
Tac. 1 1. 

The principal dish at supper was called CCENiE CAPUT vel 
PoMPA, MtrtiuLx. 31. Cic. Tusc. v. 34. Fi,n. ii. 8. 

The Romans usually began their entertainments with e^gs, and 
ended with fruits : hence Au ovo, usque ad mala, from the begin^ 
ningto the end of supper, Homt. Sat. i. 3. 6. Cic. Fam. 20. 

The dishes (edulia) held in the highest estimation by the Romans 
are enumerated, Gell. vii. 16. .Macrob. Sat. ii. 9. Stat. Siiv. iv. 6. 8. 
Martial, v. 79. ix. 48. xi. 53. &c. a peacock, (pavo, v. -us,) Horat, 
Sat. ii. 2. 23. Juvenal, i. 143. first used by Hortensius, the orator, at 
a supper, which he gave when admitted into the college of priests ; 
(aditinli cce>u sacenloiii.) Plin. x. 20. s. 23. a pheasant, (phasiana, 
ex Phasi Cokhidis jiavio,) Martial, iii. 58. xiii. 72. Senec. ad Helv. 
9. Petron. 79. Manil. v. 372. a bird called Attdgen vel -l/m, from 
Ionia or Phrygia, H irat.Epod. ii. .54. Martial, xiii. 61. a guinea-hen ; 
(avis Afra, Horat. ibid. Gallina Knnddica vel Africana, Juvenal, xi. 
142. Martial, xiii. 73.) a Melian crane, an Ambracian kid ; nightin- 
gales, lusciniiB ; thrushes, turdi ; ducks, geese, &c. Tomaci'lum, (a 
^-SjULvw,) vel IsK-iuM, (ab insPxo,) sausages or puddings, Juvenal, x. 
355. Martial, i. 42. 9. Petron. 31. 

Sometimes a whole boar was served up; Hence called Animal 
propter conviviv natum, Juvenal. \. 141. and Porcus TkojaiNUS, 
stufted with the flesh of other animals, Macrob. Sat. ii. 9. 

The Romans were particularly fond offish, Macrob. Sat. ii. !!. 
Mallus, the mullet ; rhombus, thougUi to be the turbot ; i7iurana,ihe 
lamprey ; scams, the scar or schar ; accipenser, the sturgeon ; lupus, 
a pike, &c. but espcjcially of shell-fish, pistes testacei, peciines, pec- 
tunculi, vel CONCH ylia, ostrea, oysters. &c. which they sometimes^ 
brought all the way from Britain, Rutupinoque edita fundo, from 



376 ROMAN ANTIQUITIES. 

Rvtupia, Richborough in Kent, Juvenal, iv. 141. also snails, {coch- 
lecBh Plin. Ep. i. \:\ 

Oyster-beds {oslrearnm vivaria) were first invented by one Ser- 
gius Arata, before the Marsic war, A. U. 660. on the shore of Baiaj ; 
{in Baiano), and on the Lacrine lake, Plin. ix. ,54. s. 79. Hence 
Lucrine oysters are celebrated Hurat. Epod. 2. 49. Some piefer- 
red those of Brundusium : and to settle the difference, oysters used 
to be brought from thence and fed for some time on the Lucrine 
lake, Plin. Ibid. 

The Romans used to weigh their fishes alive at table ; and to see 
them expire was reckoned a piece of high entertainment, Plin, ix. 
17. s. 30. Senec. Xat. Q. iii. 17. & 18. 

The dishes of the second table or the dessert, were called BEL- 
LARIA ; including fruits, poma vel mala, apples, pears, nuts, figs, 
olives, grapes, PislachicB, vel -at. Pistachio nuts ; amygddUt, al- 
monds ; ux<B passm, dried grapes, raisins ; cariCfB, dried figs ; palmn- 
1<B, caryolce, vel dactyli, dates, the fruit of the palm tree ; boleli, 
mushrooms, Plin. Ep. i. 7. nuclei pinei ; the kernels of pine-nuts ; 
also sweetmeats, confects, or confections, called Edvlia melliia vel 
dulciaria ; cvpedicB, crustula, liba, placenlcp., ortolo^i^dni, cheese- 
cakes, or the like : copfce, almond- cakes *, scnhlifa, tarts, &:c. whence 
the maker of them, the pastry-cook, or the confectioner, was call- 
ed Pistor \e\ conditor dulciarius, placentarius, libarius, cruslularius, 
&c. 

There were various slaves who prepared the victuals, who put 
them in order, and served ihem up. 

Anciently the baker and cook {pistor et roqmis vel cocvs) were 
the same, Festus. An expert cook was hired occasionally, PlauL 
Aul. ii. 4. 185. Pseud, iii. 2. 3. & 20. whose distinguished badge 
was a knife which he carried. Id. Aul. iii. 2. 3. But after the luxury 
of the table was converted into an art, cooks were purchased at 
a great price, [jiv, xxxix. 6. Plin. ix. 17. s. 31. Martial, xiv. 220. 
Cooks from Sicily in particular were highly, valued, Aihen, xiv. 23. 
hence Siculm dapcs, nice dishes, Horat. Od. iii. 1. 18. 

There were no bakers at Rome before A. U. 580 ; baking was the 
w^ork of the women. Plin. xviii. 11. s. 28. Varro. de Re Rust. ii. 10. 
but Plutarch says, that anciently Roman women used neither to bake 
nor cook victuals, Qucest. Rom. 84. s, 85. 

The chief cook who had the direction of the kitchen, (qui coqm* 
nee preeerat, was called ARCHIMAGIRUS, Juvenal, ix. 109. The 
butler who had the care of provisions, PROMUS Condis, ProcU' 
rnfor, peni, Penus autem omne quo vescunlur homines, Cic. de Nat. 
D. iii. 27.) Plant. Pseud, ii. 2. 14. Horat. Sat. ii. 2. 16. He who 
put them in order, STRUCTOR, Martial, ix. 48. Juvenal, vii. 184. 
and sometimes carved. Id. v. 120. xi. 136. the same with CARP- 
TOR, Carpus, or Scissbt; Id. ix. 110. He who had the charge of 
the hall, Atriknsis, Cic. Parad. v. 2, 

They were taught carving as an art, and performed it to the sound 
of music; hence called Ciuron'omontes vel gesticulatores ; Juvenal. 
V. 121. xi. 137. Petron. 35. 36. 



ROMAN ENTERTAINMENTS, &^ 377 

The slaves who waited at the table were properly called MINIS- 
TRI ; lightly clothed in a tunic, and girt, {succincli vel alle cincli, 
Horat. 8at. ii. 6. 107. ii. 8. 10.) with napkins, (linte.is succincti, 
Suet. Cal. 26.) who had iheir different tasks assigned them ; some 
put the plate in order, {argentum ordinabant,) Senec. de brev. Vit. 
12. some gave the guests water for their hands, and towels to wipe 
them ; Pet ran. 31. some served about the bread ; some brought in 
the dishes, (opsonia infirebnat,) and set cups, F/rg-. ^n. i. 705. 
«fec. some carved ; some served the wine, Juvenal, v. 56. 59. &c. In 
hot weather, there were some to cool the room with fans {flabt U.a,) 

and to drive away the Hies, Martial . iii. 8*2. Maid-servants, {fu- 

mut(e) also sometimes served at table, ^irg. A-lu. i. 703. Sutt. Tib. 
42. Curl. V. 1. 

When a master wanted a slave to bring him any thing, he made a 
noise with his fingers, (digitis crepuit,) Martial. Ibid. & vi. 89. xiv. 
119. Petron.27. 

The dishes were brought in, either on the tables themselves, or 
more frequently on frames, (FERCULA vel Repositofiia.) each 
frame containing a variety of dishes, Pdron. xxxv. 66. Plin. xxviii. 
2. s. 5. xxxiii. 11. s. 49. & 52. hence Prccbcre. cxnam trinis vel spni.f 
ferculis, i. e. missihus, io give a supper of three or six courses, Sud. 
Jiiig. 74. Juvenal, i. 94. But fircula is also sometimes put for the 
dishes or the meat, Horat. Sat. ii. 6. 104. Martial, iii. 50. ix. 83. 
X. 32. Auson. Epigr. 8. Juvenal, xi. 64. So Mens^ ; thus Mensas, 
i. e. lances magnas instar mensarum, repositoriis imponere, Plin. 
xxxiii. U.S. 49. Petron. 34. 47. 68. Someiimes the dishes, {pati- 
me vel catini) were brought in and set down separately, Horat. Sat. 
ii. 8. 42. ii. 2. 39. 

A large platter {lanx veh sculclla) containing various kinds of meat, 
was called Mazoxomum, {a vs.jlw, tribuo, et fi-ajor, edulium quoddani e 
farina at lade ;) which was handed about, that each of the guests 
might take what he chose. Id. viii. 86. Vitellius caused a dish of 
immense size to be made, Plin. xxxv. 12. s. 46. which he called the 
Shield of Mineiva, filled with an incredible variety of the rarest and 
nicest kinds of meat, Stiet, Vit, 13. 

At a supper given to the emperor by his brother, upon his arrival 
in the city, {ccjia adventitial) 2000 of the most choice fishes, and 
7000 birds, are said to have been served up. Vitellius used to 
breakfast, dine, and sup with different persons the same day, and it 
never cost any of them less than 400,000 sesterces, about 3229/. 3.^ 
4d. sterling, Ihid. Thus he is said to have spent in less than a year 
JVneV.9 mdlies H. S. i. e. 7,265,625/. Dio. Ixv. 3. Tacit. Hist. ii. 95. 

An un(!ommon dish was introduced to the sound of the flute, and 
the servants were crowned with flowers, Macroh. Sat. ii. 12. 

In the time of supper, the guests were entertained with music and 
dancing, Petron. 35. 36. sometimes with pantom mcs and play-actors, 
Plant. Stick. i\. 2. ^6. Spartiau. .Adrian. '26. wilh fools {uwrionef}), 
and buftoons, Plin. Ep. ix. 17. and even the gladiators, Captolm. 
ill Vero, 4. but the more sober had only persons to read or repeat 

48 



378 ROMAN ANTIQUITIES. 

select passages from hooks, (avagxostvE vel acroamata,) Cic. All, 
i. 12. Fam. V. 9. ./Vr/>. Ait. xiii. 14. Surt. jju^. 78. /V{«. Ep. i. 15. 
iii. .5. vi. 31. ix. 36. Cell. iii. 19. xiii. II. xix. 7. JV/aW/r//. iii. 50. 
Their highest pleasnre at entertainments arose from agreeable con- 
versation, CIr. Sen. 14. Hurat. Sat. ii. 6. 70. 

To prevent the bad etTects of repletion, some used after supper 
to take a vomit : tlius Caesar {nccubuit, e,a5rixiiv, ngchat, i. e. post cw- 
na/n vomerc vohhat, ideoqut Inrg'ms edehut.) Cic. Alt. xiii. 5*2. De- 
jot. 7. also before supper and at other times, Suet. Vit. 13. Cic. 
Phil. 14. C/.9. i. 3. Vomunt^ vt -rdant ; eduitt, ut vomant^ Senec. ad 
Helv. J. ICven women, after bathing before supper, used to drink 
wine and throw it up again, to sharpen their appetite, {Falerni spx- 
iarius niter ducitur ante, cibum^ rnbidam, factvrus oreccim,) Juvenal, 
vi. 4i7. 

A sumptuous entertainment (cccna lauta, oplma vel npipdrn,) was 
called Aut;uK^Ll.^, (//c. /T/m. vii. 26. P«)\tih(;ali>, vel Ponl'ificum, 
Hor. Od. ii. 14. 28. Samaris, Id. i. 37. Cic. Aft. v. 9. because used 
by these priests; or dl'hia, uhi tu dubites, quid sumas potissimum, 
ter. Phor. ii. 2. 28. Hor. Sat. ii. 2. 76. 

When a person proposed supping with any one without invitation, 
or, as we say, invited himself, {ccenam ei condixit, vel ad cmnnm,) 
Cic. Fam. i. 9. Suet. Tib. 42. he was called Hosies oblatus, Plin. 
Piwf. and the entertainment, Subita condsctaqle colnula. Suet, 
Claud. 21. 

An entertainment given to a person newly returned from abroad, 
was called Ca^na Adve\'titia vel -toria. Suet. Vit. 13. vel Viatica ; 
Plaut. Hacch. i. 1. 61. by patrons to their clients, Catym Recta, op- 
posed to Sportula, Martial, viii. .50. by a person, when he entered 
on an office, Coexa aditjalis vel adjicia'lss, Sue/. Claud. 9. Senec, 
Ep. 95. 123. 

Clients used to wait on tiieir patrons at their houses early in the 
morning, to pay their respects to them, {salulare,) Martial, ii. 13. 3. 
iii. 36. iv. 8. Juvenal, i. 128. v. 19. and sometimes to attend them 
through the day wherever they went, dressed in a white toga. Id. 
vii. 142. Martial, i. .56. 13. hence called Anteambulones, Id, iii. 
7. NivEi QuiRi PES : and from their number, Turra togata, et 
Pr«cedentia longi agminis OFFici/^, Juv. i. 96. viii. 49. x. 44. 
On which account, on solemn occasions they were invited to supper, 
,Juv. V. 24. Suet. Claud. 21. and plentifully entertained in the hall. 
This was called COENA RECTA, i. e.justa et solemnis adeoque 
lauta it opipara, a formal, plentiful supper ; hence convivari recta 
sc. c(£na, Suet. Aug. 74. recte et dapsile, i. e. ahundantnr, to keep 
a good table, Id. Veftp. 19. So Fivere rede, vel cum redo apparatus 
Senec. Epist. 110. 122. 

But upon the increase of luxury, it became customary under the 
emperors, instead of fi supper, to give each, at least of the poorer 
clients, a certain portion or dole of meat to carry home in a pannier 
or small basket, (SPORTULA ;) which likewise being found incon- 
%'enient, money was given in place of it, called also Sportula, to 



ROMAN ENTERTAINMENTS, &c, 379 

the amount generally of 100 quadrantes, or 25 osse.s, i. e. about l^-. 
Id, sterling each, Juvenal, i. 95. 120. Martial, i. t'O. iiL 7. xi. 75. 
sometimes to persons of rank, to women as well as men, Ibid. This 
word is put likewise for the hire given by orators to those whoni they 
employed to applaud them whilethey were pleading, Plin. Ep. ii, 14. 

SPORTULiE, or pecuniary donations instead of suppers, were 
estabhshed by Nero, Suet. JW/. 16. b^it abolished by Domilian, and 
the custom of formal suppers restored, Suef. Dnmif. 7. 

The ordinary drink of the Romans at feasts w^as wine, which they 
mixed with water, and sometimes with aromatics or spices, J/ar;?^//. 
vi. 30*2. They used water either cold or hot, /(/. v. 63. Martial, 
viii. 67. 7. i, 12. xiv, 105. Plaut. Cure. ii. 3. 13. H MH. iii. 2. 22. 

A place where wine was sold {taberna xinaria) was called CENO- 
POLIUM ; where mulled wines and hot drinks were sold, Thermo- 
poLicM, Plant. Ibid, ct Rud. ii. 6.43. Pseud, ii. 4. 52. 

Wine anciently was very rare, it was used chieHy in the worship 
of gods. Young men below thirty, and women all their lifetime, 
were forbidden to drink it, unless at sacrifices, Val. Max. ii. 1. 5, 
vi. 3. Gell. X. 23. Plin. xiv. 13. whence, according to some, the cus- 
tom of saluting female relations, that it niight be known whether they 
had drunk wine. Ibid. <$' Plutarch. Q. Horn, 6. But afterwards, 
when wine became more plentiful, these restrictions were renioved ; 
which Ovid hints was the case in the time of Tarquin the Proud, 
Fast. ii. 740. 

Vineyards came to be so much cultivated, that it appeared agri- 
culture was thereby neglected ; on which account Domitian, by an 
edict, prohibited any new vineyards to be planted in Italy, and or- 
dered at least the one half to be cut down in the provinces. Suet, 
Dom. 7. But this edict was soon after abrogated, ih. 14. 

The Romans reared their vines by fastening them to certain trees, 
as the poplar and the elm ; whence these trees were said to be mar- 
ried {maritari) to the vines, Harat. Epod. ii. 10. and the vines to 
them, {^duci ad arbores vi duas, i. e. vitibus tanqunm nxoribus per d- 
viliu bella privatas, Id. Od. iv. 5. 30.) and the plane tree, to w hich 
they were not joined, is elegantly called Cellbs, Id. ii. 15. 4. 

Wine was made anciently much in the same manner as it is now. 
The grapes were picked (decerpebantur) in baskets, {qnali, qaasilli, 
Jisri^ Jiscin^ \e\ fiscellcs) made of osier, and stamped, (ralmlantur.) 
The juice was squeezed out by a machine called TORCULUM, 
•ar^ -are. vel -ariuniy or PRELUM, a press : Torcular was properly 
the whole machine, and prelum, the beam which pressed the grapes, 
{trabs qua uva premitur,) Serv. in Virg. G. ii. 242. V^itruv. vi. 9^ 
The juice was made to pass {transmUtebalur) through a strainer, 
(S\ccus vel Coi.uM,) Martial, xii. 61. 3. xiv. 104. and received into 
a large vault or tub, (LACUS,) Oxvi Fast. iv. 888. Plin. EfAst. ix. 
20. or put into a large cask, Dolium, {Cupa vel Scria,) mnda of wood 
or potter's earth, until the fermentation was over, (dome dcfirbuerit ,-) 
hence Vinum doliakk, Plaut. Pseud, ii. 2. 64. The liquor which 
came out without piessing, was called ProtrOpnm^or jnuslam lixivi- 
y-ni^ Plin. xiv. 9. Columel. Ixii. 41. 



380 ROMAN ANTIQUITIES. 

The must or new wine (MUSTUM) was refined, {defamhalur.) 
by mixing it with the yolks of pigeons' eggs, Horat, Sal. ii. 4. 56. 
the white of eggs is now used for that purpose. Then it was poured 
{diffusum) into smaller vessels or casks, [anrpfmrct vel cadi,) made 
usually of earth ; hence called Testae, Hornt. Od. iii. 21. 4. cover- 
ed over with pitch or chalk, {oblitu vel picalte et gypsala;,) and bung- 
ed or stopped u\),{obturat(e ;) hence rvlinere vel daUupre d()lium,\e\ 
cadam, to open, to pierce, Te.rent, Heauf, iii. I. .'>l. Wine was also 
kept in leathern bags, (utres), Plin. xxviii. 18. From new wine, 
a book not ripe for publication is called musieus liber, by Pliny, 
Ep, viii.2L 

On each cask was marked the name of the consuls, or the year 
when it was made, Horat, Od. i. 20. iii. 8. 12. & 28. 8. Ep. i. 5. 4. 
hence, J^anc mi hi fumosus veteris prof<rle Falentos, Consnlis, {"^Q. 
rados,) Tibull. ii. I. 27. and the oldest was always put farthest back 
in the cellar ; hence Inleriore no'.a Faterai, with a cup of old Faler- 
nian wine, Horat. Od. ii. 3. 8. 

When a cask was emptied, it was inclined to one side, and the 
wine poured out. The Romans did not use a siphon or spigget as we 
do : hence xertere rndym, to pierce, to empty, /r/. iii. ^'9. 2, htxcrtint 
Aliphani'i (sc. potnlis) vivaria tota^ (sc. i//>//, i. e. cades v. lagma/t.) 
turn over whole casks into large cups made at AllifaB, a town in 
Samnium, Id. Sat. ii. 8. 39. 

Sometimes wine was ripened, by being placed in the smoke above 
a fire, /./. Od. iii. 8. 1 1. Plin. xiv. 1. s. 3. Martial, iii. 81. x. 36. or 
in an upper part of the house, {in hnrreo \e\ apothcra edit lore ;) 
whence it was said dcsceaderc, Horat. Od. iii. 21. 7. Often it was 
kept to a great age. Id. Od. iii. 14. 18. Cic. Hrvt. 286. Jiavral. v. 
30. Pers. iv. 29. Veil. ii. 7. Wine made in the consulhhi[) of Opi- 
mius, A. U. 633. was to be met with in the time of Pliny, near 2(0 
years after, {in spicicm aspen mdlis rfdactmn,) Plin. xiv. 4. f. 6. 
Martial, i. 27. 7. ii. 40. .'">. In order to make wine keep, they uFcd 
to boil {dpcoqutrf, Virg. G. i. 295.) the must down to one half, when 
it was called defruium ; to one third, Sm-a, Plin. xiv. 9. s. 11. and 
to give it a flavour, {at odor vino contir^geref, et sapcris qmrdam acu- 
mina,) they mixed it with pitch and certain herbs : when they were 
said c<>\DinK, medicari vel concinnare ximnn, Plin. xiv. iiO. s- 25. 
Columell. xii. 19. 20. 21. Cato de Re Rust. 114. & 115. 

Wines were distinguished chiefly from the places where they were 
produced ; in Italy, the most remarkable were Vinum FALtKNUM, 
Massicum, Calenurn, Ccecubnm^ .^Ibanum, Senttnnm, Snrrentinvm. &c. 
Plin. 23. 1. s. 20. Foreign wines, Chium, Lesbivni, Leucadiiim, 
Co)im, Rhodium, Maxinm, Mfmertinum, Thasiam, J\I(EOnium vel L^- 
diiim, Mareoticum. &c. Plin. xiv. 6. s. 8. &c. Also from its colour 
or age, Vinum album, nig mm, rnbrum, ^c. lb. 9. s. II. 12. Vitus, 
novum, r(cens, hornnm, of the present year's growth ; trimum,\\\Yee 
year's old ; mollr, lene, vctuslale edentulnm, mellow ; aspervm vel 
ouslerum, harsh ; merum vel meracum-, pure, unmixed ; meracius,\. e. 
fortius, strong, Cic. Mtt. D. iii. 31. 

The Romans set down the wine on the table {altcri^ mensis,) with 



ROMAN ENTERTAINMENTS, &c. 381 

the desserts, (nim hellariis,) and before they begrn drinkirg, poured 
out libations to the gods, Virg, jEn, i. 730. viii. 278. !2«3. G. ii. 
iOl. This l)y a decree of the senate was done also in honour of Au- 
gustus after the batile of Actium, Din, \\. 19. Horat. Oa. iv. 5. 31. 

The wine was brotight in to the guests in eartiien v-ises (AMPIIO- 
RiE, vel Testis,) with handles, (/?A^<f///({;,) hence called dio*^, Ho- 
rat. i. 9. 8. or in big-bellied jugs or bottles (Ampum m) of glass, (ii- 
trete,) leather, {roriaan:.) or earth, (fgliiKe^) Plin. Epist. iv. 30. 
Suet. Domit. 21. Martial, vi. 35. 3. xiv. 110. on each of which 
were affixed labels or small slips of parchments, (Titui.i vel Pi r- 
TACix, i. e. sch'dn/cB e tncmbrnna (xciscr, vel tahr/Ia;,) giving a short 
description of the quality and age of the wine ; thus, Faier.num, oii- 
MiwuAi ANXOKUM cKV'iUM, f^f'tron. 34. Juveno/. v. 34. Sometimes 
different kinds of wine and of fruit were set before the guests accord- 
ing to their different rank, Plin, tip, ii. 6. Martiul, iii. 82. iv. 86. 
vi. 11. 49. Suet. Cres. 48. Spnrtian. .Adrian. 17. Juvvnol.v. 70. 
whence Vi.\um domimcum, the wine drurjk by the master of the 
house, Pel ran. 31. and ccenare civliiler, to be on a level with one's 
guest, Juvenal, v. 1 12. 

The wine was mixed {miacehafur vel temperahatur,) with water in 
a large vase or bow), called CRATER, v. -e/a, whence it was pour- 
ed into cups, (PociH.A,) Olid. Fast. v. 522. 

Cups were called by different names ; Calices, phidlce, pattrm.can- 
th.iri, carchesia, rihftrin, scyphi^ rifinbia, scaphi<i^ b(itidl(e, cululli^ 
atnyslides, &c. and made of various materials ; of wood, as beech, 
fogina, sc. poculu, Virg. Eel. iii. 37. of earth, fctilin, of glass, Vi- 
TRKx, Mirtial. i. 38. Juvenal, ii. 95. which when broken used to be 
exchanged for brimstone matches, {sulphurala ramenta,) Martial, i. 
42, 4, X. 3. Jiiveiial. v. 49. of amber, succina. Id. ix. 50. of brass, 
silver, and ffold, sometimes beautifully engraved ; hence called 
TOKEUMATA, i. e. vasa sculpta vef ajelata, Cic. Verr. iv. 18. 
ii. 52. Pis. 27. or adorned with fiirures {siiyna vel sigilla) affixed to 
them, called CRUSTtE or EMBLEMATA, Cic Verr. iv. 23. ./w- 
vennl. i. 70. Martial, viii. 51. 9. which might be put on and taken 
off at pleasure, {fxempiiha,) Cic. ibid. 22. &l 24. oi with gems, 
sometimes taken off the finijers for that purpose, Juvenal, 5. 41, 
hence called Cx\LICE8 GEMMATl vel auhum gkmma tum, ./l/r/r- 
tial. xiv. 109. 

Cups were also made of precious stones, Vircr, G. ii. 506. of crys- 
tal, Sencc. de Ira. iii. 40. of amethyst and murra or porcelain, (po- 
culu murrina), Martial, ix. 00. 13. x- 49. Plin. xxxiii. 1. xxxvii. 2. 

Cups were of various forms ; some had handles {\s9,k vel n'asi,) 
Virg. Ed. ^\. 17. Juvenal, w. 47. usually twisted, (TORTILES,) 
Ovid. Ep. Kv\. 252. hence called Calicks Ptkuati, i.e.alati vel 
tt'is'iti, Plin. xxxvi. 20. Some had none. 

There were slaves, usually beautiful boys, (pueri eximia facie, 
Gell. XV. 12.) who waited to mix the wine with wate?-, and serve it 
up • for which purpose they userl a small goblet, called CYATHUS, 
to raoasurc it, Plaid» Pcrs. v. 2. 16. containing the twelfth part of 



382 ROMAN ANTIQUITIES. 

n sexlarhiSf nearly a quart English ; Hence the cups were named 
from the parts of the Roman AS. according to the number of cya- 
ihi which they contained ; ihu«, stix rAi\s, a cup vvhicii contained 
two cyalhi ; Trik.ns vel Tnental, ihree ; QL^M)aA^s, four, &c. 
Suel.Jiuir. 77. jMarlinf, viii. 51. 24. ix. 9.5. xi. 37. Ptrs. iii. 100. 
and those who served with wine, were said Ai> cyathos stahe, 
Suet, Jul. 49. AD cYATHUM sTATi.'i, HoT. Od. j. 26. 8. or Cyathis- 
SARi, Piaul. Mn. ii. 2. 29. 

They used also a less measure ff)r filling wine and other liquors, 
called l.iGUi.A or Linguln, and CocHLiiAiit:, vel -ar. a spoon, the 
fourth part of a cyalhus. Martial, v. 20. viii. 33. 23. xiv. 121. 

The wine was sometimes cooled with snow, by means of a strainer, 
CoLUM ^IV^R1UM, Martial, xiv. 103. vel SACtus MVAiurs, Id. 104. 
or by pouring snow-water upon it, Id. \. 65. 417. xiv. 117. Saiec, 
% 79. P/m. xix. 4. s. 19. 

The Romans used to drink to the health of one another; thus, 
BiiXK MiH!, Bkne vohis, &c. Pluut. Pir!^\ V. 1.20. sometimes in 
honour of a friend or mistress, Ibid, ^v Hnrat. Od. \. 27. 9. and used 
to take as many ryafhi, as there were letters in the name, TibulL 
ii. I. 31. Martial, i. 72. or as they wished years to them ; hence 
they were said, Ad namcnmi bihcre. Ovid. Fast. iii. 531. A fre- 
quent number was three, in honour of the Graces ; or nine, of the 
Muses, Horal. Od. iii. 19. 11. Jiuson. Eidyll. xi. 1. The Greeks 
drank first in honour of the gods, and then of their friends ; hence 
Gr^co more BiHEHE, Cic. Vcv. i. 26. ^ ^ ibi Ascon. They began 
with small cups and ended with larger, Ibid. They used to name 
the person to whom they handed the cup; thus, Puoiino tifi, &c. 
Cic. Tusc. i. 40. Plant. Stich. v. 4. 26. & SO. Ter. Emi. v. 9. 57. 
Virg, .T.n. i. 728. Martial, i. 69. vi. 44. Juvenal, v. 127. 

A skeleton was sometimes introduced at feasts in the time of 
drinking; or the representation of one, {larva ars^entea,) Petron. 34. 
in imitation of the Egyptians, Hfrodot. ii. 78. s. 74. Plutarch, in 
couviv. Sapient. 6. upon which the master of the feast, looking at it, 
used to say, Vivamls, dum lh et es>e bene, Petron, ib, TIivs ts xai 
Tswav, sirctai yu^ a'jrodavujv coioutoc, Drink and be merry, for thus shalt 
t.iou be after death, Herodof. ibid. 

The ancients sometimes crowned their cups with flowers, Firor, 
Mu. iii. 525. Ttbull. ii. 5. 98. But coro)iare natera vel vina, i. e. 
porvla, signifies also to fll with zvine, Virg. G. ii. 528. iEn. i. 724. 
vii. 147. 

The ancients at their feasts appointed a person to preside by 
throwing the dice, whom they called ARBITER BIBENDl, Ma- 
gister vel Rex convivii, rnodiperator vel modimperator, ((j'o|X'jrofl'iatxo.<^>) 
dictator, dux, strnteirus, &lc. He directed every thing at pleasure, 
Hornt. Od. i. 4. 18. ii. 7. 25. Cic. Sen. 14. Plaut. Stich. v. 4. 20. 

When no director of the feast was appointed, they were said 
Culpj potare magistrd, to drink as much as they pleased, {rulpabatur 
illf. qui mulluni biberei, excess only was blamed,) Hurat. Sat. ii. 2. 
123. Some read cuppa vel cupa, but improperly ; for cupa signifies 
either a large cask or tun, whicli received the must from the wine- 



ROMAN ENTERTAINMENTS, &c. 383 

press ; or it is put for copn vel caupn, a woman who kept a tavern, 
{qiicB cauponam vel lahmiom txercfrt t,) Suet. Ner. 27. or for the 
tavern itself ; whence it was thought mean for a person to be sup- 
plied with wine, or from a retailer, [de propola vel propala), Cic. 
Pis. 27. Suet. Claud. 40. 

During the intervals of drinking, they often pla3'cd at dice, 
(ALEA,) Pinut. Cure. ii. 3. 75. of which there were two kinds, 
the lessft'ce and fali, Cic. Sen. 16. 

The TESSERiE had six sides, marked I. II. III. IV. V. VI. like 
our dice : the TALI hud four sides longwise, for the two ends were 
not regarded. On one side was marked one point, [imio, an ace, 
called C\Nis: on the opposite side six, Sknu», sice) ; on the two 
other sides, three and four, {ternio et qualcmio,) In playing they 
used three te.sscrx and four tali. They were put in a box made in 
the form of a small tower, straight-neci^ed, wider below than above, 
and fluted in ringlets, {intus ^mdus exrisos hibens,) called FRI- 
TILLUS, pyrgus, turris, turricuia, phinws, orca, &c. afid being 
shaken, were thrown out upon the gaming- board or table. (FORUS, 
alveus, vel tabula lusoria nuialeatoria.) The highest or most fortu- 
nate throw {jartus, bolus vel mnnus,) called VENUS, or Jacius 
VKXKKKUs, vel BaSiucl's, was, of the t esse rce, ihree sixes; of the 
tali, when all of them came out different numbers. The worst or 
lowest throw, {jartus pessimiis vel d'lmnosus,) called CANES vel 
CauiculcB, vel vulturii, was, of the tessera:, three aces ; of the tali, 
when they were all the same. The other throws were valued from 
their numbers, Cic. Divin. i. 13. ii. 21. & fiO. Snet. Jjug. 71. Oiid, 
Art. Am. ii. 203. Trist. ii. 474. Prop^rt. iv. 9. 20. Plant. Asir. v. 
2. 5.5. Hor. Sut. ii. 7. 17. Pers. Sal. iii. 49. Martial, xiv. 14. &c. 
When any one of the tali fell on the end, {in caput.) it w.as said rectus 
cadere vel assistere, Cic. Fin. iii. 16. and the throw was to be repeat- 
ed. The throw called yenus determined the direction of the feast. 
(Archiposia in compotatlone principatus, magisterixim, Cic. Senect. 
14. vel Rfgnum vini, Horat. Od. i. 4. 18.) While throwing the 
dice, it was usual for a person to express his wishes, to invoke or 
name a mistress, or the like, Plant. Asin. v. 2. 55. iv. 1. 35. Cap- 
tiv. i. I. 5. Cure. ii. 3. 78. 

Thev also played at odds or evens, (P\r jmpar Indebant,) Suet. 
Aug. 71. and at a game called DUODECIM SCRIPTA, vel Scrip- 
tula, or bis sena puncta, Cic. Orat. i. 50. Non Marcell. ii. 781. 
Quinctil. xi. 2. Martial, xiv. 17. on a square table, {tabula vel «/- 
veus), divided by twelve lines, {line.ce. vel scripta), on which were 
placed counters, (CALCULI, Ijatmnes v. Latrunculi.) of different 
colours. The counters were moved [promoveoantur,] accord'ng to 
throws (boli \'e\ jactus) ()( the dice, as w^ith us nt gammon. The 
lines were intersected by a transverse line, called Link a Sacra, 
which they did not pass without being forced to it. When the coun- 
ters had got to the last line, they were said to be incili vel immoii^ 
and the player, ad incitas, vel -a redaclus reouced to extremity, 
Plaut. Pan. iv. 2. 86. Triu. ii. 4. 136. unum calcem non posse ciere, 
u e. unum calculum movere, not to be able to stir, lb. In this game 



384 ROMAN ANTIQUITIES. 

there was room both for chance and art, Ter. And. iv. 7. 21. OviiL 
Art. Am. ii. -203. iii. 363. Au.^on. Prof. i. 25. Murlial. vii. 71. xiv. 20. 

Some exclude the /(//.', or tessem from this gjime, and make it the 
same with chess among ns. Perhaps it was played both ways. But 
several particulars concerning the private games of the Romans are 
not ascertained. 

All games of chance were called ALEA, and forbidden by the 
Cornelian, Pablirian, and Tdiaa laws, Hornl. Od. iii. 24. 58. except 
in the month of December, Marlinl. iv. 14. 7. v. 85. xiv. 1. These 
laws, however, were not strictly observed. Old men were particu- 
larly fond of such games, as not requiring bodily exertion, Or. Sen. 
IQ, Suet. Aug. 71. Juvenal, xiv. 4. 

The character of gamester (ALEATORES vel ahones) was held 
infamous, Cir. Cat. ii. 10. Plia. ii.27. 

Augustus used to introduce at entertainments a kind of diversion, 
similar to what we call a lottery ; by selling tickets, (sortes,) or sealed 
tablets, apparently equivalent, at an equal price ; which, when open- 
ed or unsealed, entitled the purchasers to things of very unequal va- 
hie, (res inequalis simcB ;) as, for instance, one to 100 gold pieces, 
another to a pick-tooth, (derdiscalpium,) a third to a purple robe, 
&c. In like manner, pictures with the wrong side turned to the 
company, {aversas tabularum picturas in convlvio venditare solehot,) 
so that, for the same price, one received the picture of an Apelles, 
of a Zeuxis, or a Parrhasius, and another the first essay of a learner, 
Suet. Aug. 75. So Heliogabalus, Lumpnd. in vita r;?^.?, 21. 

There was a game of chance, (which is still common in Italy^ 
chiefly, however, among the vulgar, called the game of jV/or/v/,) play- 
ed between two persons, by suddenly raising or compressing the 
fingers, and at the same instant guessing each at the nuniber of the 
other ; when doing thus, they were said Micahk dig it is, Cir. diiin, 
ii. 41. Off. iii. 23. Surt. Autr. 13. As the number of fingers stretch- 
ed out could not be known in the dark, unless those who played had 
implicit confidence in one another; hence in praising the virtue and 
fidelity of a man, he was said to be Dignus qukum in tenkbris 
Micts, Cic. Off. iii. 19. Fin. ii. 16. s. 52. 

The Romans ended their repasts in the same manner they began 
them, by libations and prayers, Ovid, Fast. ii. 053. The guests 
drank to the health of their host, and under the Caesars, to that of 
the emperor. Ihid. et Pdron. 60. When about to go away, they 
sometimes demanded a p irting cup in honour of Mercury, that he 
might grant them a sound sleep. Martini. Delphin. i. 72. 

The master of the house, {herns, dominns, pardrhus, rmrtfC mngis- 
ter, convivator, Horat. Sat. ii. 8. 35. Martial, xii. 48. Gell. xiii. 11.) 
used to give the guests certain presents at their departure, called 
Apophoreta, Suet. Aug. 75. Gal. 55. Vesp. 19. Martial, xiv. 1. Pe- 
tron. 60. or XENIA, which were sometimes sent to them, Plin. 
Epist. vi. 31. Vitrnv. vi. 10. jMartial. xiii. 3. Xknium is also put 
for a present sent from the provinces to an advocate at Rome, Pliri. 
Ep. v. 14. or given to the governor of a province, Digest, 



RITES OF MARRIAGE. 385 

The presents given to guests being of different kinds, were 
sometimes distributed by lot, Martial, xiv. 1. 5. — 40. 144. 170. or 
by some ingenious contrivance, Petron. 41. 

III. ROMAN RITES of MARRIAGE. 

A LEGAL marriage* (justum matrimordum) among the Romans 
was made in three different ways, called usus, confarreatio, and co- 
emptio. 

* In the state of New-York, there is no form of marriage prescribed by law. This 
seems to be a defect in our legal code. The validity of the marriage is a subject to 
be determined by the jury, as a matter of fact. Cohabitation, acknowledgment of 
a woman to be one's wife, authorizing persons to accredit her as such, &c. may be 
adduced as proofs of marriage — connexion to be decided on by the Jury. But, un- 
der a charge of bigamy, in order to conviction, an actual previous marriage must be 
proved. 

The first inhabitants of Greece lived together without marriage. Europs, king of 
Athens, is said to have been the first author of this honourable institution among that 
people. After the Grecian Commonweallhs were settled, marriage was very much 
encouraged by their laws, (as it was among the Romans, though without much effect) 
and celibacy discountenanced, and in some places punished. The Athenians had an 
express law, that commanders, orators, and persons intrusted with public affairs, 
should be married men. Polygamy was not commonly tolerated in Greece. The 
time of marriage was different in different States. The Spartans were not permitted 
to marry till they arrived at their full strength, and the Athenian laws are said to 
have directed that men should not marry till they were 35 years of age. The sea- 
son of the year, which they preferred for that purpose, was the winter, and especial- 
ly the month of January, hence called XaixrjKiov. Incestuous mixtures, though prac- 
tised among the barbarous nations, were reckoned scandalous among the Greeks ; 
though among them, as originally among the Hebrews, it seems to have been lawful 
to marry a half-sister, as appears manifest in the case of Miltiades and Abraham. 
Most of the Grecian states required their citizens to match only with citizens. The 
usual ceremony, in promising fidelity among the Greeks, was kissing each other, or 
giving their right hands, which was a general form of ratifying all agreements. Be- 
fore the marriage was solemnized, the gods w.ere to be consulted, and their aid im- 
plored by prayers and sacrifices, by the parents, or nearest relations. 

In Germany they have a kind of marriage called Marganatio, wherein a man of 
quality contracting with a woman of inferior rank, gives her the left hand in lieu of 
the right; and stipulates in the contract, that the wife shall continue in her former 
rank ; and that the children shall be of the same, so that they become bastards as to 
matters of inheritance, though they are legitimate in effect. They cannot bear the 
name or arms of the family. None but Princes and great Lords of Germany are al- 
lowed this kind of marriage ; but the universities of Leipsic and Jena have declar- 
ed against the validity of such contracts. 

The Turks have three kinds of marriages, and three sorts of wives: legitimate, 
loivcsin Kebin, and slaves. They marry the first, hire the second, and buy the third. 
Among the savage nations in Asia, Africa, or America, the wife is commonly bought 
by the husband, from her father, or relations having authority over her. The con- 
clusion of a bargain for this purpose, together with the payment of the price, has 
therefore become the usual form or solemnity in the celebration of their marriages. 

The Hebrews also purchased their wives, by paying down a competent dowry for 
them ; and Aridotle m?ikes. the purchase of their wives among the ancient Grecians, 
an argument to prove them an uncivilized people. 

By our law, all persons may marry, but such as are prohibited by the law of God. 
The legal disabilities are, therefore, 1. Too near relationship by consanguinity, or af- 
finity. 2. Pre-contract, or another husband or wife living. 3. Want of age sufficient 
to contract matrimony; thus: if a boy under 14, or girl under 12, marries, when 
cither comes to the age of consent, they may disagree, and declare the marriage void. 
4. Bodily infirmity or incapacity of performing the duties of marriage. 

See Encycl Brilt. Article Marriage.-^E. 

49 



386 ROMAN ANTIQUITIES. 

1. USUS, usage or prescription, 'was when a woman, with the 
consent of her parents or guardians, lived with a man for a whole 
year, {malrimonii causi%) without being absent three nights : and 
thus became his lawful wife or property by prescription, {vsu cnpta 
full,) Gel!, iii. 2. If absent for three nights, (trinocHum,) she was 

said esse tisiirpnta, or hse ysurpalum sc. suvm jus, to have interrupt- 
ed the prescription, and thus prevented a marriage, U>iirpatio est 
enim usucapiouis inlerrupdo, Gell. iii. 2. D. 41.3. 2. See p. 5f5. 

2. CONFARREATIO was when a man and woman were joined 
in marriage by the Poniifex Mazimvs, or Flamen Dialis, in presence 
of at least ten witnesses, by a set form of words, and by tasting a 
cake made of salt, water, and flour, called FAR, or Fams Fahheis, 
vel Farreum lihnm ; which was offered with a sheep in sacrifice to 
the gods, Dionys, ii. 25. Scrx. ad Virg. G. i. 31. »Mn. iv. 104. Plirt, 
xviii. 2. 

This was the most solemn form of marriage, and could only be 
dissolved by another kind of sacrifice, called DIFFARREATIO, 
Feslus. By it, a woman was said to come into the possession or 
power of her husband, by the sacred laws, (xara voua^c: h^ag umS^i cnvsX- 
^sjv, in mnnum, i. e. poiestatem viri convmire.) She thus became 
partner of all his substance and sacred rites; those of the Penates as 
well as of the Lares, (See p. 243.) If he died intestate, and without 
children, she inherited his whole fortune as a daughter. If he left 
children, she had an equal share with them. If ahe committed any 
fault, the husband judged of it in company with her relations, and 
punished her at pleasure, Dionys. ii, 25. Plin. xiv. 13. Suet. Tib. 35. 
Tacit. Ann. xiii. 32. The punislmient of women publicly condemn- 
ed, was sometimes also left to their relations, Liv. xxxix. 18. VaL 
jV/</vl^ vi. r^. 5. 

The (children of this kind of marriage were called PATRIMI et 
MATRiMI, Serv. ibid, often employed for particular purposes in 
sacred solemnities, Liv. xxxvii. 3. Cic. Rerp. Har. 11. Tacit. Hisi. 
iv. .53. Certain priests were chosen only from among them ; as the 
Flamen of Jupiter, Tacit. Annal, iv. 16. and the Vestal Virgins, 
Gell. i. 12. According to Feslus, those were so called whose parents 
were both alive : if only the father was alive, Pairimi, vel -es ; if 
only the Eiiother, malrimi, vel -cs. Hence Minerva is called Patri- 
MA viKGO, CaiidL i. 9. because she had no mother ; and a man who 
had children, while his own father was alive, Pater Patrimus, 
Feslus. 

This ceremony of marriage in later times fell much into disuse, 
Tacit. Annal. iv. 16. Hence Cicero mentions only two kinds of 
marriage, Usus and coemptio, p?'o Flacc. 34. 

3. COEMFTIO was a kind of mutual purchase, (eniptio xendi- 
tio,) when a man and woman were married, by delivering to one an- 
other a small piece of money, and repeating certain words, Cic. Oral. 
i. 57. The man asked the woman, if she was willing to be the mis- 
tress of his family, An SIB5 MATER FAMiLSAS ESSE VELLET ? SHc an- 
swered, that she was, se velle. In the sam.e manner, the woman 
asked the man, and he made a similar answer, Boeth. in Cic. Topic, 3. 



RITES OF MARRIAGE. 387 

The effects of this rite were the same as of the former. The wo- 
man was to the husband in the place of a daughter, and he to her 
as a father, Serv. in Virg, G, 1. 31. She assumed his name, together 
with her own ; ns.^ntonia Drusi, Domitht Bihuli, S^c. — She resigned 
to him all her goods, Ttr. Andr, i. 5. 61. Cic. Top. iv. and acknow- 
ledged him as her lord and master, (Dominus,) Virg. .^2n. iv. 103. 
214, The goods which a woman brought to her husband, besides 
her portion, were called PARAPH ER.N A, -or?m?, or bona parapfur- 
nalia. In the first days of the republic, dowries were very small ; 
that given by the senate to the daughter of Scipio was only 11,000 
asses of brass, 35/. YOs. 5r/. sterling ; and one Meguillia was surnamed 
D«)TATA, or the great fortune, because she had 50,000 asses, i. e. 
161/. 75. 6d. sterling, Vai. Max. iv. 4. 10. But afterwards, upon 
the increase of wealth, the marriage-portions of women became 
greater, Decies centena, sc. sesterlia, 8072/. 18^. 4d. sterling; J\!ar- 
tial. ii. 65. 5. xi. 24. 3. Juvenal, vi. 136. the usual portion (if a lady 
of Senatorian rank, Juvenal, x. 355. Some had ducenlies, 161,458/. 
65. Sd. sterling ; MarliaL v. 38. 34. 

Sometimes the wife reserved to herself {recepil, Cic. Orat. ii. 55. 
Topic. 26, vel excepit, i. e. in usum suum rescrvaxil) a part of the 
dowry ; hence called Dos re( kpiicia, DIGEST, and a slave, who 
was not subject to the power of her husband, Skrvus recepticius, 
GelL xvii. 6. or dotal is, Piaut. J sin. i. I. 72. 

Some think that ccemptio was used as an accessory rite to confar- 
reatio^ and retained when the primary rite was dropt ; from Cic. 
Fiacc. 34, ' 

The rite of purchase in marriage was not peculiar to the I^omans ; 
but prevailed also among other nations, as the Hebrews, IS'e//. xxix, 
18. I. Sam. xviii. 2.5. the Thracians, Xenoph. Annh. vii. Hcrodof. 
Terpsich. init. the Greeks, Euripid. Mud. 232. the Germans, Tacit. 
de Mor, G. 18. &c. the Cantabn\ in Spain, S/rflA. iii. 165. So in the 
days of Homer, Odyss. viii. 317. to which Virgil alludes, G. i. 31. 

Some say, that a yoke ijugum) used anciently to be put on a 
man and woman about to be married, whence they were called 
coNjuGES, Serv. in Virg. JEn. iv. 16. But others think this expres- 
sion merely metaphorical ; as, Horat. Od. ii. .5. Plant. Cure. i. 1. 50. 

A matrimonial union betwixt slaves was called CONTUBER- 
NIUM ; the slaves themselves Contubernales, (see p. 50.} or 
when a free man lived with a woman not married, (Co.\cubi\atu>,) 
Suet. Vesp. 3. in which case, the woman was called Concubixa, 
Cic. de Orat. i. 40. Pellac:a, Siift. Vesp. 21. or Pkllex, qace proprie 
fail (jus, qui uxorem haherei, Festus. Plaut. Rud. v. 4. ?. Gell. iv. 
3. thus, Pei.lex REGi.v^, Suet. Cces. 49. Fi\.im, Cir. Ciuent. 70. 
Juvenal, ii. 57. Sororis, Ovid. Md. vi. 537. Epist. 9. 132. Jovis, 
i. e. lo, lb. xiv. 95. el alibi passim. 

Married women were called Matro\/E, or matres familias, Ge!l. 
xviii. 6. opposed iomeretrices, prostituhe, scoria, &lc. 

There could be no just or legal marriage (NUPTIif^J justurn 
matriinonium, connubium, conjugium, vel consortium, i. e. eadeni for- 
tuna aut conditio^ (for better, for worae,) unless between Roman citi- 



388 ROMAN ANTIQUITIES. 

zens ; Non erat cum externo connubium, Senec. Ben. iv. 35. 
without a particular permission for that purpose, obtained first from 
the people or senate, and afterwards from the emperors, Liv, xxxviii. 
36. Ulpian. Fragm. v. 4. Conjuge bar bar a turpis maritiis vixit, 
Horat. Od. iii. 5. 5. Anciently, a Roman citizen was not allowed 
even to marry a freed-woman, Liv. xxxix. 19. hence Antony is re- 
proached by Cicero for having married Fulvia, the daughter of a 
freed-man, PHn. ii. 2. iii. 6. as he afterwards was detested at Rome 
for marrying Cleopatra, a foreigner, before he divorced Octavia ; but 
this was not esteemed a legal marriage, Plutarch, in Anton. 

By the Lex Papia Popp^ea, a greater freedom was allowed. On- 
ly senators and their sons and grandsons were forbidden to marry a 
freed-woman, an actress, or the daughter of an actor, Dio. liv. 16. 
But it was not till Caracalla had granted the right of citizenship to 
the inhabitants of the whole empire, that Romans were permitted 
freely to intermarry with foreigners. 

The Romans sometimes prohibited intermarriages between neigh- 
bouring districts of the same country, Liv. viii. 14. ix. 43. xlv. 29. 
and what is still more surprising, the states of Italy were not allowed 
to speak the Latin language in public, nor their criers to use it in 
auctions, without permission, Liv. xl. 42. 

The children of a Roman citizen, whether man or woman, and a 
foreigner, were accounted spurious, and their condition little better 
than that of slaves, Liv. xliii. 3. They were called HYBRlDiE 
or Ibridce^ vel -des, Horat. Sat. i. 7. 2. Suet. Aug. 19. the general 
name of animals of a mixed breed, or produced by animals of a dif- 
ferent species, mongrels, {animalia, ambigena, vel bigenera, musimd- 
nes, Umbri, &c.)as a mule, from an horse and an ass ; a dog, from a 
hound and a cur, {canis ex venatico et gregario,) Plin. viii, 5. hence 
applied to those sprung from parents of different nations, Hirt. de 
Bell. Afr. 19. Martial, vi. 39. viii. 22. and the words compounded 
from different languages. 

The children of a lawful mariage were called LEGITIMI ; all 
others illegitimi. Of the latter, there were four kinds : Natu ra- 
les, ex concubina ; Spurii, ex meretrice vel scorto et incerto patre ; 
Plutarch. Q. Rom. 101. Adulterini et incestuosi. There were 
certain degrees of consanguinity, within which marriage was prohi- 
bited, as between a brother and sister ; an uncle and niece, &c. 
Such connexion was called INCESTUS, -us, vel -urn, Suet. CI. 26. 
Ner. 5. Tacit. Ann. xii. 4. 5. & 8. or with a Vestal Virgin, Suet, 
Domit. 8. These degrees were more or less extended, or contract- 
ed, at different times, Plutarch. Qucest. Rom. 6. Tacit. Ann. xii. 6. 7. 
Liv. i. 42. & 46. xlii. 34. Suet. Aug. 63. Claud. 26. 

Polygamy, or a plurality of wives, was forbidden among the Ro- 
mans, Suet. Jul. 52. Cic. de Orat. i. 40. 

The age of puberty or marriage,* was from fourteen for men, 
and twelve for girls, Festus. 

A custom prevailed of espousing infants, to avoid the penalties of 

* See next note following. 



RITES OF MARRIAGE. 389 

the law against bachelors : but Augustus ordained, that no nuptial 
engagement should be valid, which was made more than two years 
before the celebration of the marriage ; that is, below ten, Dio. liv, 
16. Ivi. 7. Suet. .^iig. 34. This, however, was not always observed, 
/. 17. Digest, xxiii. tit. i. de Spousal. 

No young man or woman was allowed to marry without the con- 
sent of the parents or guardians, Cic. Flacc. 35. Hence a father 
was said spondere, vel despondere Jiliam aut jilium, Cic. Att. i. 3. 
Ter. And. i. 1. 75. Tacit. Agric. 9. adding these words, QuiE res 

RECTE VERTAT I Or Dll BENE VERTANT, Plaut. Aul. W. 2. 41. &L 49. 

ii. 3. 4. 

There was a meeting of friends, usually at the house of the wo- 
man's father, or nearest relation, to settle the articles of the marriage 
contract, which was written on tables {legiiimcB tabellcB,) and sealed, 
Juvenal, ii. 119. vi. 25. & 199. x. 336. This contract was called 
SPONSALIA, -orum, vel -ium, espousals ; the man who was betroth- 
ed or affianced, SPONSUS, and the woman SPONSA, Gell. iv. 4. 
Suet. Aug. 53. CI. 12. or PACTA, Plaut. Pcen. v. 3. 38. Trin. ii. 
4. 99. as before, SPERATA, Id. Amphit. ii. 2. 44. and SPERA- 
TUS, Ovid. Ep. XI. prope finem. The contract was made in the 
form of a stipulation. An spondes? Spondeo. Then likewise the 
dowry was promised, Plaut. Trin. v. 2. 34. Terent. And. v. 4. 47. 
to be paid down on the marriage day, Suet. CI. 26. Juvenal, x. 335. 
or afterwards, usually at three separate payments, {tribus pensioni- 
bus,) Cic. Att. xi. 4. 23. ir ult. On this occasion, there was com- 
monly a feast ; and the man gave the woman a ring, {annulus pronu- 
bus,) by way of pledge, Juvenal, vi. 27. which she put on her left 
hand, on the finger next the least ; because it was believed a nerve 
reached from thence to the heart, Macrob. Sat. vii. 15. 

Then also a day was fixed for the marriage, Ter. And. i. 1. 75. 
Certain days were reckoned unfortunate ; as the Kalends, Nones, 
and Ides, and the days which followed them, particularly the whole 
month of May, Mense malum ma jo nubere vulgus ait, Ovid. Fast. 
V. 490. Plutarch. Q. Rom. 85. and those days which were called 
Atri, marked in the kalendar with black ; also certain festivals, as 
that of the Salii, Parentalia, S^c. Macrob. Sat. i. 15. But widows 
might marry on those days. Ibid. Plut. Q. Rom. 103. 

The most fortunate time was the middle of the month of June, 
Ovid. Fast. vi. 221. Plutarch. Ibid. 

If after the espousals either of the parties wished to retract (spoyi- 
salia dissolvere, injirmare, vel infringere,) which they expressed thus, 
CoNDiTioNE TUA NON UTOR, it was Called REPUDIUM. Hence, 
Repudiatus repetor, after being rejected, I am sought back, Ter. And. 
i. 5. 15. and when a man or woman, after signing the contract, sent 
notice that they wished to break off the match, they were said. Re- 
pudium ei vel amicis ejus mittere, remittere, vel renunciare, Ter. 
Phorm. iv. 3. 72. v. 6. 35. Plaut. Aul. iv. 10. 69. But Repudiate 
also signifies, to divorce either a wife, Suet. C(zs. i. or a husband, 
Quinctil. vii. 8. 2. 

On the wedding-day, the bride was dressed in a long white robe 



390 ROMAN ANTIQUITIES. 

bordered with a purple fringe, or embroidered ribands, (segmenta et 
longi hahilus, Juvenal, ii. 124.) thought 1o be the same with tunica 
RECTA, Plin. viii. 48. bound witfi a girdle, Liuan. ii. 362. made of 
wool, (ZONA vel ci)i<inlum lane.vm,) tied in a knot, called no(h}s 
He.rculeys, which the husband untied {solvebnt,) Ovid. Ep. ii. 116. 
Festus. Her face was covered (NUBEBATUR) with a red or 
flame-coloured veil, {Intnim FLAMMEIJM.) vel -us, to denote her 
modesty, Lucan. ii. 361. Juvcnnl. ii. 124. vi. 224. et Scot, in loc, 
X. 334. Martini, xii. 42. Plin. xxi. 8. hence Nuhere, sc. se viro, to 
marry a husband : dare, vel collocarc filiam tivptum v. rmptui, i. e, 
in matrimnnium dare, to marry a daughter, or dispose of her in mar- 
riage. Here hair was divided into six locks with the point of a spear, 
Pluf, in Romul. et Qmest. 86. vel 87. Cxid. Fast. ii. .56(1. and crown- 
ed with flowers, Catul. lix. 6. Her shoes were of the same colour 
with her veil, {Inter sord,) Catul. lix. U). Plant. Cas. prol. 89. Cic. 
Cluent. 5. Divin. i. 16. Liv. xlii. 12. 8uet. CI. 26. Tacit. Ann. xi. 
27. Val. Max.ix. 1. 

No marriage was celebrated without consulting the auspices, Jnv, 
X. 336. Cic. Div. i. 16. Cluent. 5. & 16. Pinut. Cas. prol. 86. Svet. 
Claud. 26. Tacit. Ann. xi. 27. Lminn. ii. 371. and offering sacrifices 
to the gods, especially to Juno, the goddess of marriage, Vir^. JRn. 
iv. ,59. Anciently, a hog was sacrificed, Varro. R. H. ii. 4. The gall 
of the victim was always taken out, and thrown away, to signify the 
removal of all bitterness from marriage, Plutarch, prcecep, conjvg. 
The marriage ceremony was performed at the house of the bride's 
father, or nearest relation. In the evening, the bride was conducted 
(DUCEBATUR vel deduceiatur) to her husband's house. She was 
taken apparently by force (abripiebatur) from the arms of her mother 
or nearest relation, in memory of the violence used to the Sabine 
women. Three boys, whose parents were alive, attended her ; tvio 
of them, supporting her by the arm, and the third bearing a flambeau 
of pine or thorn before, [Toida pinea vei spinta,) Festus; Catull. lix. 
1.5. Plin. xvi. 18. Propert. iv. 12.46. There were five other torches 
carried before her, (called Faces Nuftiaies, Cic. Cluent. 6. Ma- 
RiTiE, Ovid. Ep. xi. H)I. }.EGniMM. Lvcan. ii. S.56.) Plutarch. 
Q. Rom. 2. Hence T^eda is put for marriage, Firg. .,¥jn. iv. 18. 
Ovid. Met. iv. 60. 

Maid- servants followed with a distaflf, a spindle and wool ; (coins 
compta, etfusus cum staniine,) intimating, that she was to labour at 
spinning, as the Roman matrons did of old, P//??.viii. 48. s. 74. ihid. 
Fast. ii. 741. Liv. i. .57. and as some of the most illustrious did in 
later times. Augustus is said to have seldom worn any thing 
but the manufacture of his wife, sister, daughter, and nieces, at least 
for his domestic robes, Suet. Aug. 73. 

A boy, named CAMILLI'S, carried in a covered vase, called Cu- 
MERUM, vel •«, the bride's utensils, (nubentis utensu.ia,) Fesfvs ; 
and playthings for children, (Crefundia,) Plant, Cist. iii. I. 5. 
Rud. iv. 4. 110. 

A great number of relations and friends attended the nuptial pro- 
cession, {pompani miptiaUm ducebant,) which was called OFFI- 



RITES OF MARRIAGE. 391 

CIUM, Juvenal, ii. 132. vi. 202. Snel. Oil. 25. Claml. 26. JV.r. 28. 
Hence DUCERE uxorem, sc. domum, lo marry a wife. The boys 
repeated jests and railleries {^alrs ct convidu) as she passed along, 
Luca'i. ii. 389. F^.sius, CaiuU. lix. 127. 

The door and door-posts of the bridegroom's house were adorned 
with leaves and flowers, and the rooms with tapestry, Juvenal, vi. 
51. 79. & 226. 

When the bride came thither, being asked who she was, she an- 
swered, Ubi tu C.ajus, ibi ego Cai\, i. e. Uii tu Dominufi ct paler 
faniiiia", ubi ego Doinina et maler familiar. A new-married woman 
was called CAIA, from Cain Cxc'dia or Tanaquil, the wife of Tar- 
quinius Priscus, who is said to have been an excellent spinster (/«- 
nifica) and housewife, Cic. Mar. 12. Quinclil. i. 7. Festus. Her 
distaff and spindle were kept in the temple of Sangus or Hercules, 
Plin. viii. 48. s. 74. 

The bride bound the door-posts of her husband with woollen fil- 
lets, Plin. xxix. 2. s. 9. Lucnn. ii. 355. Serv. in Virg. JEn. iv. 458. 
and anointed {ungcbat) them with the fat of swine or wolves, lo avert 
fascination or enchantments ; whence she was called UXOR, r/uasi 
U.vxoR, Serv. ibid. Pint, xxviii. 9. s. 37. 

She was lifted over the threshold, Liican. ibid. Plutarch, in Rg- 
mnl. et qmesi. Rom. 29. or gently stepped over it, Plant. Cas. iv. 4. 
1. It was thought ominous to touch it with her feet, because the 
threshold was sacred to Vesta, the goddess of viririns, Serv. in Vir^, 
£c/. viii. 29. 

Upon her entry, the keys of the house were delivered to her, to 
denote her being intrusted with the management of the family, Fes- 
tus. A sheep's skin was spread below her ; intimating, that she 
was to work at the spinning of wool, Plutarch, quasi . Rom. 31. 
Both she and her husband touched fire and water ; because all things 
were supposed to be produced from these two elements, Plutarch. 
Q. Rom. 1. Varro de L. L. iv. 10. Ovid. Fast. iv. 792. Jlrt. Am. 
ii. 598. with the water they bathed their feet, Serv. in Virg. JEn. iv. 
167. 

The husband (m this occasion gave a feast (CtENA NUPTIA= 
LIS) to his relations and friends, to those of the bride and her at- 
tendants. Plant. Cure. v. 2. 62. Suet. Cal. 25. Juvenal, vi. 201. 

Musicians attended, who sang the nuptial song, (h^PlTHALA- 
MIUM,) Hymen;eus vel -um, vel Thalassio, Martial, iii. 93. 25. 
Catull. 61. Ter. Adelph. v. 7. 7. Stat. Si^lv. ii. 7. 87. They often 
repeated, lo Hymen Hvmkn^k, Plant. Cas. iv. 3. and Thalas>io, 
Martini, i. 36. 6. from Hymen, the god of marriage among the Greeks ; 
and Thalassus among the Romans, ibid. Martial, xiii. 42. 5. or from 
one Tdlassius. who lived in great happiness with his wife, Festus, 
IJv. i. 9. as if to wish the nsw-nmrried couple the like felicity, 
Plutarch, in Pomp, (or from TaXa;ri:c, Innificium, Plutarch, in Ro- 
mulo.) The words used also to be resounded by the attendants 
of the bride on the way to her husband's house, Martial, ibid. Ovid. 
Ep. xii. 143. xiv. 27. Hence Hymenceos canere, to sing the nup- 
tial song, Virg. ^n. vii. 398. vel Hymcnica, sc. carminOf Ovid. 



392 ROMAN ANTIQUITIES. 

Art. Am. i. 563. HymerKBi inconcessi, forbidden nuptials, Virg. JEfn, 
i. 651. vetiti. vi. 623. 

After supper, the bride was conducted to her bed-chamber {in tha- 
lamum) by matrons who had been married only to one husband, 
called Pronuhce, Festus ; and laid {collocabatur) in the nuptial 
couch, {lectus genialis,) which was magnificently adorned, CatulL 
lix. 188. and placed in the hall, {in a trio vel aula, Horat. Ep. i. 1. 
87.) opposite {adversus) to the door, and covered with flowers, Cic. 
Cluent. 5. CatulL lix. 192. Donat. in Ter. Eun. iii. 5. 45. JuvcnaL 
X. 334. Tacit. Ann. xv. 37. Propert. iv. 11. 81. Gell. xvi. 9. some- 
times in the garden, Juvenal, x. 334. If it had ever been used for 
that purpose before, the place of it w^as changed, Propert. iv. 12. 
85. iv. 9. 59. There w^ere images of certain divinities around, Su- 
BiGus, Pertunda, &c. Amob. iv. Augustin. de civ. Dei. vi. 9. 
Nuptial songs were sung by young women before the door till mid- 
night, Ovid. Fast. iii. 675. 695. hence called Epithalamia. The 
husband scattered nuts among the boys, Plin. xv. 22. Serv. in 
Virg. Eel. viii. 30. CatulL lix. 131. intimating that he dropt boy- 
ish amusements, and thenceforth was to act as a man. Hence nu- 
ces reliquere, to leave trifles, and mind serious business, Pers. i. 10. 
or from boys playing with nuts in the time of the Saturnalia^ Suet. 
Aug. 83. Martial, v. 85. xiv. 1. 12. which at other times was forbid- 
den, ib. 18. Young women, wiien they married, consecrated their 
playthings and dolls or babies (PUPJE) to Venus, Pers. ii. 70. The 
guests were dismissed with small presents, (Apophoreta,) Martial. 
xiv. 1. Juvenal, vi. 202. 

Next day, another entertainment was given by the husband, call- 
ed REPOTIA, -orum, Festus. Horat. Sat. ii. 2. 60. when presents 
were sent to the bride by her friends and relations ; and she began 
to act as mistress of the family, by performing sacred rites, Macrob. 
Sat. i. 15. 

A woman after marriage retained her former name ; as Julia, 
Tullia, Octavia, Paulla, T^aleria, &c. joined to that of her husband ; 
as Catonis Marcia, Lucan. ii. 344. Julia Pompeii, Terenlia Cicero- 
nis, Livia Augusti, &c. 

Divorce, (DIVORTIUM), or a right to dissolve the marriage, 
was by the law^ of Romulus permitted to the husband, but not to the 
wife, Plutarch, in Romulo ; as by the Jewish law, Deutr. xxiv. 1. 
not however without a just cause. Festus in SONTICUM. A 
groundless or unjust divorce was punished with the loss of effects ; 
of which one half fell to the wife, and the other was consecrated to 
Ceres, Plutarch, ibid. 

A man might divorce his wife,* if she had violated the conjugal 

* By the law of the State of New-York, a Divorce a vinculo malrimonii is allow- 
able only in case of adultery. The Chancellor is the judge. 

The Legislature have, however, granted divorces bylaw on other grounds. ' 

In Scotland, the parties living together, as man and wife, or declaring themselves 
so before witnesses, makes a valid though informal marriage. 

The propriety of the marriage union will appear from this circumstance, that from 
the registers kept, and computations made by Gra7it, Dunham, Price, and others, 



RITES OF MARRIAGE. 393 

faith, used poison to destroy his offspring, or brought upon him sup- 
posititious children ; if she had counterfeited his private keys, or even 
drunk wine without his knowledge, Plutarch, ibid. GelL x. 23. P/m. 
xiv. 12. In these cases, the husband judged together with his wife's 
relations, Dionys. ii. 25. This law is supposed to have been copied 
into the twelve tables, Cic. Phil. ii. 28. 

Although the law allowed husbands the liberty of divorce, there 
was no instance of its being exercised for about 520 years. Sp. 
Carvelius Ruga was the first who divorced his wife, although fond 
of her, because she had no children, on account of the oath he had 
been forced to take by the censors, in common with the other citi- 
zens, uxormn se liberum qumrendorum gratia habiturum, that he 
would marry to have children, GelL iv. 3. Fal. Max. ii. I. 4. Dio- 
nys. ii. 25. 

Afterwards divorces became very frequent ; not only for important 
reasons, Suel. Aug. 62. Claud. 26. jYer. 35. but often on the most 
frivolous pretexts^ Val. Max. vi.3. 11. & 12. l)io. 46. 18. Plutnrch. 
in L. Paulloe.t Ciceron. Juvenal, vi. 147. Caesar, when he divorced 
Pompeia, the niece of Sylla, because Clodius had got admission to 
his house in the garb of a music-girl, at the celebration of the sacred 
rites of the Bona Dea, Cic. Sext. 34. declared that he did not believe 
any thing that w^as said against her, but that he could not live with 
a wife who had once been suspected, Dio. 37. 45. Suet. Cces. 6. 
Cic, Jit. 1. 12. 

If a wife was guilty of infidelity, she forfeited her dowry, Val. Max. 
viii. 2. 3. but if the divorce was made without any fault of hers, the 
dowry was restored to her. When the separation was voluntary on 
both sides, (cum bona gratia, a se invicem discedebant,) she some- 
times also retained the nuptial presents of her husband, Ovid, de 
Rem. Am. 669. 

In the later ages of the republic, the same liberty of divorce was 
exercised by the women as by the men. Some think that right was 
granted to them by the law of the twelve tables, in imitation of the 
Athenians, Plutarch, in Alcibiade. This, however, seems not to have 
been the case : for it appears, they did not enjoy it even in the time 
of Plautus ; Mercal. iv. 6. only if a man was absent for a certain 
time, his wife seems to have been at liberty to marry another, PlavL 
Stich. i. 1. 29. Afterwards, some women deserted their husbands, 
so frequently and with so little shame, that Seneca says, they reck- 
oned their years not from the number of Consuls, but of husbands, 
dc benef. iii. 16. So Juvenal. Fiunt octo mariti quinque per autum- 
nos, vi. 228. Martial, vi. 7. often without any just cause, Cic. Fam. 
viii. 7. But a freed- woman, if married to her patron, was not per- 
mitted to divorce him, [ei repudium mittcre.) 

Augustus is said to have restricted this license of bona gratia 

the proportion of males born, lo females, is as 14 to 13; and that the number of 
males that die in infancy, considerably exceed that of the females; besides the pe- 
culiar disasters to which males are liable, prove an additional cause of the diminu* 
tion of tile number of males. — See Encyl. Britt. Article Marriage. — E. 

50 . 



394 ROMAN ANTIQUITIES. 

divorces, as they are called, Suet. Aug. 34. and likewise Domitian. 
They still however prevailed, although the women who made them 
were by no means respectable, Qua nubit tolies, non nubit, adultera 
lege est, Martial, vi. 7. 

The man was said dviC'^sixTSsiVj dimittere uxorem ; and the woman 
d-scCoXtJZJciv, relinquere vel descrere virum ; both, Facere dixortium cum 
uxore vel viro, a tiro, vel ab uxore, Cic. Fam. viii. 7. D. 24. 3. 34. 

A divorce anciently was made with different ceremonies, accord- 
ing to the manner in which the marriage had been celebrated. 

A marriage contracted by confarreatio, was dissolved by a sacri- 
fice called DIFFARREATIO, Festus ; which was still in use in the 
time of Plutarch, when a separation (discidnim) took place betwixt 
the Flamen of Jupiter and his wife, {Flaminica,) Quaest. Rom. 

A marriage contracted by coemption was dissolved by a kind of 
release, called REMANCI PATIO, Id. In this manner, Cato is sup- 
posed to have voluntarily given away his wife Marcia to Hortensius, 
Plutarch, in Cat. and Tiberius Nero, his wife Livia to Augustus, even 
when big with child, Tacit. Ann. v, 1. Din, 48. 44. Veil. II. 94. 

In later times, a divorce was made with fewer ceremonies ; in 
presence of seven witnesses, the marriage -contract was torn, {Ta- 
hnlcB nuptiales vel dotales frangebantur,) Tacit. Ann. xi. 30. Juvenal, 
ix. 75. the keys were taken from the wife, (claves adimebantur,) Cic. 
Phil. ii. 28. then certain words were pronounced by a freed-man, 
or by the husband himself. Res tuas tibi iiabe vel -etc ; Tuas 

RES TIBI AGITO ; Exi, EXI OCYUS ; VaDE FORAS, I FORAS, MULIER; 

CEDE DOMO, Plaut. CcBsin. ii. 2. 36. Cic. de Orat. i. 40. Plant, Amph, 
iii. 2. 47. Ovid. Ep. xii. 134. Juv. vi. 145. Mart. x. 42. xi. 105. /. 
2. & 9. J), de divort. Hence Exigereforas,\e\ c;zcere, to divorce, 
Cic. Phil. ii. 28. 

If the husband was absent, he sent his wife a bill of divorce [nun- 
cium remittehat,) Cic. Att. i. 10. on which similar words were in- 
scribed. This was called matrimonii renunciatio. 

If the divorce was made without the fault of the wife, her whole 
portion was restored to her ; sometimes all at once, but usually by 
three different payments, Cic. Att. xi. 4. 23. 25. 

There was sometimes an action, (actio mal^. tractationis,) to 
determine by whose fault the divorce was made, Cic. Top. 4. Quinc- 
til. vii. 3. declam. viii. 18. 383. When the divorce was made by 
the wife, she said, Valeas, tibi habeas tuas res, reddas meas ; 
Plaut. Amph. iii. 2. 47. 

Divorces were recorded in the public registers {acta,) Cic. Fam. 
viii. 7. Senec. de benef as marriages, Juvenal, ii. 136. births, Id. ix. 
84. and funerals, Suet. Ker. 39. 

Widows were obliged to wear mourning for their husbands at 
least ten months, Senec. Epist. 65. and if they married within that 
time they were held infamous, L. 2. C, de secund. nupt, but men 
were under no such restriction. 

M. Antoninus, the philosopher, after the death of his wife Faus, 
tina, lived v/ith a concubine, {ne tot liberis superduceret novercam,'^ 



FUNERALS. 395 

that he might not bring in a step- mother on his children, Capitolin. 
in vita ejus^jin. 

Second marriages in women* were not esteemed honourable, and 
those who had been married but to one husband, or who remained 
in widowhood, were held in particular respect : Hence UNIVIRA 
is often found in ancient inscriptions, as an epithet of honour. So 
Uni nupta, Propert. iv. ulL Such as married a second time were 
not allowed to officiate at the annual sacred rites of Female Fortune, 
(Foriuna muliehris,) Dionys. viii. ^Q. Val. Max. 1. 8. 4. Serv. in 
Virg. JEn, iv. 19, YQ^ius'mPudiciticp^ signum. Among the Germans, 
second marriages were prohibited by law. Tacit, dc Mor. Germ. 19. 

IV. romajv funerals. 

The Romans paid the greatest attention to funeral rites, because 
they believed that the souls of the unburied were not admitted into 
the abodes of the dead ; or at least wandered a hundred years along 
the river Styx, before they were allowed to cross it ; for which rea- 
son, if the bodies of their friends could not be found, they erected 
to them an empty tomb, (Tumulus l^rANls, xsvor«(piov, Cenotaphium,) 
at which they performed the usual solemnities, Virg. ^n. iii. 304. vi. 
326. 505. St-at. Theh. xii. 162, and if they happened to see a dead 
body, they always threw some earth upon it, Itu 365. Horat. Od. i. 
28. 23. & 36. and whoever neglected to do so, was obliged to ex- 
piate his crime by sacrificing a hog to Ceres, Festus in Pr.'ecidanea 
AGNA : Hence no kind of death was so much dreaded as shipwreck, 
Ov. Trist, i. 2. 51. Hence also. Rite condere manes, to bury in due 
form, Plin. Ep. vii. 27. Condere animam sepulchru, Y\r^. Mn. iii. 68. 
See Plant. Most. ii. 2, 66. Suet. Cat. 59. and to want the due rites 
was esteemed the greatest misfortune, Ovid. Ep. x. 119. 

When persons were at the point of death, their nearest relation 
present endeavoured to catch their last breath with their mouth, 
{extremum spiritum ore excipere :) Cic. Ver. v. 45. Virg. JEn. vi. 684. 
for they believed that the soul or living principle (ANIMA) then 
went out at the mouth : Hence the soul of an old person (anima se- 
nilis) was said in primis lahris esse, Senec. Ep. 30. or in ore primo 
teneri, Id. Here. fur. 1310 so animam agere, to be in the agony of 

* In the primitive church, a second marriage was accountid no other ihan a law- 
ful concubinage, or a species of bigamy ; and tiiere are s(,me ancient canons which 
forbid the ecclesiastics from being present at second marriages. 

Marriage, by the Mosaic law, was subject to several restrictions. A man was for- 
bidden to marry his brother's widow, unless he died without is.-ue ; in which case it 
was enjoined as a duty. So it was forbidden to marry a wife's sister, at Imsi while 
the wife was living ; which was not forbidden before the law, as appears from the in- 
stance of Jacob. The ancient Roman law is silent on this head : and Papinian is 
the first who mentions it, on occasion of the marriage of Caraatlln. '1 he siibse(|iipnl 
lawyers stretched the bonds of affinity so far, that they placed adoption on the same 
footing with nature. 

Affinity, according to the modern Canonists, renders marriage unlawful to the 4\\\ 
generation inclusive; but this is to be understood of direct I'tfinity ; and not that 
which is secondary or collateral. Affinis, mei affinix, non esl affini.-. wens. 

Encycl. Brilt. Article Marriage E. 



396 ROMAN ANTIQUITIES. 

death, Liv, xxvi. 14. Cic. Fam. viii. 13. Tusc. i. 9. Senec. Ep. 101. 
Animam dare, ej/iare, exhnlare, exspirare, effvndere, &c. to die. 

They now also pulled off their rings, Suet. Tib. 73. Plin. xxxi. 1. 
which seem to have been put on again before they were placed on 
the funeral pile. Propert. iv. 7. 9. 

The nearest relation closed the eyes and mouth of the deceased, 
Vir^. JEn. ix. 487. Ovid. Her. i. 102. & 1 13. ii. 120. x. 120. Lucan, 
iii. 740. probably to make them appear less ghastly, Suet. JSCer. 49. 
The eyes were afterwards opened on the funeral pile, Plin. xi. 37. 
s. 55. When the eyes were closed, they called (inclamnhant) upon 
the deceased by name several times at intervals, Ovid Trist. iii. 3. 
43. repeating ave or vale, Calull. xcviii. 10. Ovid. Met. x. 62. 
Fast. iv. 852. whence corpora nondum conclamata, just expiring, 
Lucan. ii. 23. and those who had given up their friends for lost, or 
supposed them dead, were said eos conclamavisse, Liv. iv. 40. so 
when a thing was quite desperate, it was expressed by the w^ords 
CoNCLAMATUM EST, all is ovcr, Ter. Eun. ii. 3. 56. 

The corpse was then laid on the ground, Ov. Trist. iii. 3. 40. 
Hence DEPOSITUS : for in ultimo positus, desperates salutis, des- 
perate, dying, past hopes uf recovery. Id. ex Pont. ii. 2. 47. Trist. 
iii. 3. 40. Virg. JEn. xii. 395. Cic. Verr. i. 2. or from the ancient 
custom of placing sick persons at the gate, to see if any that passed 
had ever been ill of the sa.ne disease, and what had cured them, 
Serv. in Virg. JSn. xii. 395. Strab. iii. p. 155. xvi. 746, Herodot. 
i. 197. Hence Defoxere aliqueni vino, to intoxicate, Plant. Aul. 
iii. 6. 39. Positi artus, dead, Ovid. Her. x. 122. so compositus vino 
somnoque, overpowered, Ovid. Amor. i. 4. 51. ii. 5. 22. 

The corpse was next bathed with warm water, and anointed with 
perfumes, Virg. JEn. vi. 219. Ovid. Her. x. 122. Plin. Epist. v. 16. 
by slaves called POLLINCTORES, {quasi pellis unctores,) Plant. 
Asin. v. 2. 60. P(En. prol. 63. belonging to those who took care of 
funerals, (LIBITINARII ;) Senec. de bene/, vi. 38. and had the charge 
of the temple of Venus Libitina ^ where the things requisite for fune- 
rals (necessaria funeribus) were sold, Plutarch. Rom. qncest. R. 23. 
Liv. xii. 21. Hence Vilare Libitinam, not to die, Horat. Od. iii. 30. 6. 
Mirari nihil, nisi quod Libilina sacravit, to admire nobody till after 
his death. Id. Ep, ii. I. 49. Libilinom evadere, to escape death, 
Juvenal, xii. 122. Libilina is also put for the funeral couch, Martial. 
viii. 43. 4. Acron. in Hor. Od. iii. 30. 6. 

In this temple was kept an account (rafio vel ephemeris) of those 
who died. Suet. Ner. 39. for each of whom a certain coin was paid, 
Dionys. iv. 15. hence Autumnusque gravis, Libilince qucestus acerbce, 
because autumn, being unhealthful, usually occasioned great morta- 
lity, Horat. Sat. ii. 6. 19. So Phredr. iv. 19. 25. 

The money paid for the liberty of burial and other expenses, was 
called ARBITRIUM, oftener plur. -a, Cic. post. red. in Sen. 7. 
Dom. 37. Pis. 9. sa arbitrium vendmdi salts, the monopoly of salt, 
Liv. ii. 9. 

The body was then dressed in the best robe which the deceased 
had worn when alive, Virg. ^n. ix. 488. Ordinary citizens in a 



FUNERALS. 397 

white iogce, Juv. ii. 172. Magistrates in ihe\r prcetexta, &;c. and lai 1 
{componebatur vel collocabatur) on a couch in the vestibule (locu^ 
vacuus ante januam domCis, pe?- quern a via ad ades iter, Geil. xvi. 5.) 
with the feet outwards, as if to take its last departure, Ovid. Met. ix, 
502. Tacit. Agric. 45. Senec. Ep. 12. brev. vit. 20. Suc\ Aug. lOl. 
Pers. iii. 104. Hence componere, to bury, Horat. , at. 1. 9. 28. 
Ovid. Fast. iii. 547. v. 426. Tacit. Hist. i. 47. Then a lamentation 
was made. Hence Sic posilnm affati discedite corpus, Virg. JEn ii. 
644. The couch was sometimes decked with leaves and flowers, 
f^irg. JEn. xi. 66. Dionys. xi. 39. the bedstead of ivory. Prop. ii. 
10. 21. If the deceased had received a crown for his bravery, it 
was now placed on his head, Cic. de legg. ii. 24. Pliii. xxi. 3. A 
small coin, triens vel obolus, M^as put in his mouth, which he might 
give to Charon, {Portitor vel Porthmeus, the ferryman of hell,) for 
his freight, Juveu. iii. 267. Hence a person who wanted this and the 
other funeral oblations, was said, Abiis ad Acheruntern sine viatico ; 
for without them it was thought that souls could not purchase a 
lodging or place of rest, {nusquam posse diverti,) Plant. Poen. prol. 71. 

A branch of cypress was placed at the door of the deceased, 
at least if he was a person of consequence, Lucan. iii. 442. Festus, 
Horat. Od. ii. 14. 23. Plin. xvi. 33. to prevent the Pontifex Maxi- 
mus from entering, and thereby being polluted : Serv. ad Virg. .En, 
iii. 64. iv. 507. for it was unlawful for him not only to touch a dead 
body, Dio. Ivi. 31. but even to look at it, Senec. Marc. 15. Id. liv.28. 
This tree was sacred to Pluto, because when once cut, it never 
grows again, called atra, feralis,funerea, \e\funebris, from its be- 
ing used at funerals. Ibid. 

The Romans at fir.«t usually interred {humabant) their dead, which 
is the most ancient and most natural method, Cic. de legg, ii. 22. 
Plin. vii. 54. Genes, iii. 19. They early adopted the custom of 
burning (cremandi, vel comburendi) from the Greeks, Plutarch, in 
J^uma, which is mentioned in the laws of Numa, and of the twelve 
tables, Cic. ibid, but it did not become general till towards the end 
of the republic. 

Sylla was the first of the Patrician branch of the Gens Cornelia 
that was burnt ; which he is supposed to have ordered, lest any one 
should dig up his body, and dissipate his remains, as he did those of 
Marius, Cic. Plin. ibid. Pliny ascribes the first institution of burn- 
ing among the Romans, to their having discovered that the bodies of 
those who fell in distant wars were dug up by the enemy. Ibid. The 
wise men among the Indians, called GYMxosopmsriE, commonly 
burnt themselves alive, Plin. vi. 19. s. 22. as Calanus, in presence 
of Alexander, Cic. Tusc. ii. 21. Zamarus, at Athens, while Augustus 
was there, Dio. liv. 9. 

Under the emperors, it became almost universal. Tacit. Ann. xvi. 
9. but was aft(3rvvards gradually dropt upon the introduction of 
Christianity, so that it had fallen into disuse about the end of the 
fourth century, Mucmb. vii. 7. 

Children before they got teeth were not burnt, Plin. vii. 15. s. 16, 
Juvenal, xv. 140. but buried in a place called SUGGRUNDARI» 



398 ROMAN ANTIQUITIES. 

UM, Fulgent, de prise, serm. 7, So likewise persons struck with 
lightning, {fulguriii,) Flin. ii. 55. Senec. de Ir. iii. 23. Qu. Nat. ii. 
21. were buried in the spot where they fell, called BIDENTAL, 
because it was consecrated by sacrificing sheep, {bidentes,) Pers. ii. 
27. Luc. i. 606. viii. 864. Fest. Gell. xvi. 6. It was enclosed with 
a wall, and no one was allowed to tread upon it, Ibid. To remove its 
bounds, (movere bidcntnl) was esteemed sacrilege, Horat. Art. p. 471. 

The terms, SEI^ELIRE, Sepidtura, and Sepulchrum, are applied 
to every manner of disposing (condendi) of a dead body, Plin, 17. 
55. Cic. Tusc. i. 45. So also HUMARE, &c. Cic. legg. ii. 22. 
Jsfep. Eiimen. 13. JUSTA, exseqmce, vel funns, funeral obsequies 
or solemnities : Hence J v st a funebria^ justa funtrum vel exsequia- 
runif et justa funera alicui facere, solvere^ vel persolvere. Cic. Flac. 
38. Legg. ii. 17. Liv. i. 20. Sallust. Jug. 11. Cjes. B. G. vi. 17, 
Reddere justa fimeri j Plin. x. 2. But EXSEQUlJl) properly de- 
notes the funeral procession, {o0r,ium exsequiarum w.pompa fune- 
bris.) Hence Exskquias ducere, deducere^ comitari, frequentare^ 
prosequi, &c. to attend the funeral, funeri interasse, Tacit. Ann. ii. 
32. xvi. 6. 7. 21. Suet. Tib. 32. Ter. And. i. 100. 

Of funerals there were chiefly two kinds, public and private. 

The public funeral was called INDICTIVUM, {ad quod per- 
prceconem homines evocabantur,) because people were invited to it 
by a herald) Cic. Dam. IS. (See p. 154.) Of this kind the most 
remarkable were Fumxs CENSORIUM, Tacit. Ann. iv. 15. xiii. 2. 
Dio. liii. 30. liv. 28. including funns consulare, prostorium, trium- 
phale, &c. PUBLICUM, when a person was buried at the public 
expense. Tacit. Ann. iii. 48. vi. 11. Suet. Vit. 3. and Collativum, 
by a public contribution, Liv. ii. 33. Val. Max. iv. 4. Plutarch, in 
Poplic. (See p. 129.) Augustus was very liberal in granting pub- 
lic funerals, {Sriixo(fiai ra^pa/,) as at first in conferring the honour of a 
triumph, Dio. liv. 12. 

A private funeral was called TACITUM, Senec. de tranq. 1. 
Ovid. Trist. i. 3. 22. Translatitium, Suet. Ker. 33. Plebeium, 
Proper t. ii. 10. 25. Commune, Auson. Parent, x. 5. and Vulgare, 
Capitolin. in Anton. Phil. 13. 

The funeral of those who died in infancy, or under age, was call- 
ed ACERBUM, or irnmaturum, Virg. Mn. vi. 429. Juvenal, xi. 
44. Senec. Ep. 123. or ExsEQUiiE immature, Id. tranq. anim, i, 
11. But funus acerbum is applied by some only to infants, and im- 
maturum to young men. Such were hurried sooner than grown 
persons, and with less pomp, Cic. Clue.nt. 9. Tacit. Ann. xiii. 17. 
Suet. Ner. 33. Funera puerorum ad faces et cereos ducta, Senec. 
brev. vi. 20. Ep. 122. 

When a public funeral w^as intended, the corpse was kept usually 
for seven or eight days, Serv. in Virg. v. 64. vi. 218. with a keeper 
set to watch it, Id. xi. 30. and sometimes boys to drive away the 
flies, Xiphilin. Ixxiv. 4. When the funeral was private, the body 
was not kept so long, Cic. Cluent. 9. Suet. 0th. Tacit. Ann. xiv. 9. 

On the day of the funeral, when the people were assembled, the 
dead body was carried out with the feet foremost, ( pedibus effcreha- 



FUNERALS. 399 

tur, Plin. vii. s. 9.) on a couch covered with rich cloth, (strung 'dee 
vestis,) with gold and purple, Suet. Jul. 84. supported commonly 
on the shoulders of the nearest relations of the deceased, Plin. vii. 
44. Juvenal, x. 259. Val. Max. vii. 1. or of his heirs, Horal. Sat. 
ii. 5. 86. sometimes of his freedmen, Pcrs. iii. 106. Julius Caesar 
was borne by the magistrates, Suet. 84. Augustus by the senators, 
Id. 101. and Germanicus by the tribunes and centurions, Tacit. Ann. 
iii. 2. So Drusus, his father, who died in Germany, by the tribunes 
and centurions to the winter quarters ; and then by the chief men in 
the different cities, on the road to Rome, Dioi \\. 2. Suet. Claud. 1. 
Paulus ^Emilius, by the chief men of Macedonia, who happened c .< 
be at Rome when he died, Val. Max. ii. 10. 3. Plutarch, in Vit. 

Poor citizens and slaves were carried to the funeral pile in a 
plain bier or coffin, (Sandapila, Martial, ii. 81. viii. 75. 14. Juve- 
nal, viii. 175. ViLis arca, Horat, Sat. i. 8. 9. Orciniana sponda, 
Martial, x. 5. 9.) usually by four bearers called VESPILLONES, 
vel VespcB, (quia vespertino tempore mortuos efferebani,) Festus, Su- 
et. Dom. 17. Eutrop. vii. 34. Martial, i. 31. and 48. Sandapilo- 
NEs, vel -arii ; and in later writers, Lecticarii. 

The funeral couches, (LECTlCiE, lecti vel tori) of the rich seem 
also to have been borne by Vespillones, Nept. Att. 35. Gell. x. 3. 
Hence a couch carried by six was called Hexaphorum, Martial, ii. 
81. vi. 77. 10. and by eight, Octophorum, ix. 3. 11. or I^cctica oc- 
tophorus ; as the ordinary couches or sedans used in the city, or on 
a journey, were carried by slaves, called Lecticarii, Cic. Verr, 
y. II. Fam. IV. 12. Phil. 41. 

These couches were sometimes open, and sometimes covered. Ibid. 

The general name of a bier was FERETRUM, Virg. JEn. vi. 
222. xi. 64. 149. Stat. Theb. vi. 55. Ovid. Met. xiv. 747. or CA- 
PULUS, vel -um (quod corpus capiat), Serv. in Virg. xi. 64. Fes- 
tus ; Hence capularis, old, at death's door, Plant. Mil. iii. 1. 34. 
Capuli decuSf Asin. v. 2. 42. Some make feretrum to be the same 
with lectiis ; others, that on which the couch was supported, Varr, 
de L. L. iv. 35. 

Children who died before they were weaned, were carried to the 
pile by their mothers, Stat. Syh. v. 5. 15. Ovid. Her. xv. 115. 

All funerals used anciently to be solemnized in the night-time 
with torches, that they might not fail in the way of magistrates and 
priests, who were supposed to be violated by seeing a corpse, so 
that they could not perform sacred rites till they were purified by 
an expiatory sacrifice, Serv. in Virg. xi. 143. Donat. Ter. And. i. 
1. 81. Thus, to diminish the expense of funerals, it was ordained 
by Dem.etrius Phalereus at Athens, Cic. de legg. ii. 26. according 
to an ancient law, which seems to have fallen into disuetude, De- 
mosth. adv. Macartaium, p. 666. Hence FUNUS, a funeral, from 
funes accensi, Isid. xi. 2. xx. 10. or funaiia,funales cerei, cereizfu' 
ces, vel candel(By torches, candles, or tapers, originally made of small 
ropes or cords ; (fanes, vel funiculi) covered with wax or tallow, 
(sevurn vel sebum), Serv. ibid, et JEn. i. 727. Val. Max. iii. 6. 4. 
Varr. de vit. pop. R. 



400 ROMAN ANTIQUITIES. 

But in after ages, public funerals, {funera indictha) were cele- 
brated in the day-time, at an early hour in the forenoon, as it is 
thought from Pluiarch. in Syll. with torches also, Serv. in Virg, 
Mn, vi. 224. Tacit. Ann. iii. 4. ''Private or ordinary funerals ta- 
cita) were always at night, Fest. m Vespillones. 

As torches were used both at funerals and marriages, Ovid. Ep. 
xxi. 172. hence inter utramrjue facem, for inter nuptias etfunus, 
Propert. iv. 12.46. EC faces pro thalami, fax mihi mortis adest^ 
Ovid. Ep. xxi. 172. 

The order of the funeral procession was regulated, and every 
one/s place assigned him, by a person called DESIGNATOR, an 
undertaker or master of ceremonies, [dominns funcris,) attended by 
Lictors, dressed in black, Horai. Ep. i. 7. 6. Cic. Ait. iv. 2. legg. 
ii. 24. 

First went musicians of various kinds ; pipers, (Tibicines, Ovid. 
Fast. vi. 660. vel Siticines, Gell. xx. 2.) trumpeters, Pers. iii. 
103. Serv. in Virg. xi. 192. and cornetters, Horat, Sat. i. 6. 43. 
then mourning women, (PRiEFIC^E, quc^ dahant cceteris modum 
plangendi,) hired to lament, Festus ; LuciL 22. Horat. Art. P. 431. 
and to sing the funeral song, (NiENIA vel Lf.ssus,) or the praises 
of the deceased, Plaui. True. ii. 6^ 14. iv. 2. 18. to the sound of the 
flute, Cic. legg. ii. 24. Quinclil. viii. 2. Boys and girls were some- 
times employed for this last purpose. Suet. Aug. 101. As these 
praises were often unmerited and frivolous ; hence nvgce is put for 
N/ENiiE, Plant. Asin. iv. 63. and Lexidia, res inanes et frivoloi, for 
voces prmficarum, Gell. xviii. 7. ' 

The flutes and trumpets used on this occasion were larger and 
longer than ordinary, Ovid. Am. ii. 6. 6. of a grave dismal sound, 
Stat. Theb. v. 120. By the law of the twelve tables, the number 
of players on the flute at a funeral was restricted to ten, Cic. legg. 
ii. 24. Ovid. Fast. vi. 664. 

Next came players and buflbons, (Ludii vel histriones, et scurrcs,) 
who danced and sung, Dionys. vii. 9. Suet. Tib. .57. One of them, 
called ARCHIMIM US, supported the character {personam agebat) 
of the deceased, imitating his words and actions while alive, Suet, 
Vesp, 19. These players sometimes introduced apt sayings from 
dramatic writers, Suet. Cces. 84. 

Then followed the freed-men of the deceased, with a cap on their 
head, {pileati,) Cod. de Lat. libert. Liv. xxxviii. 55. Dionys. viii. 
Some masters at their death freed all their slaves, from the vanity 
of having their funeral procession attended by a numerous train of 
freed-men, Dionys. iv. 24. 

Before the corpse were carried the images of the deceased, and 
of his ancestors, Cic. Brut. 34. Mil. xiii. 32. Florat. Epod. viii. 11. 
Val. Max. viii. 15. 1. Plin. xxxv. 2. on long poles or frames ; SiL 
X. 560. but not of such as had been condemned for any heinous 
crime. Tacit. Ann. ii. 32. iii. 76. whose images were broken, Juve- 
naL viii. 18. The Triumviri ordained, that the image of Caesar, 
after his deification, should not be carried before the funeral of any 
of his relations, Dio. xlvii. 19. Sometimes there were a great 



FUNERALS. 401 

many different couches carried before the corpse, on which it is 
supposed the images were placed, Tacit. Ann. xvi. 11. Serv. in 
Virg, V. 4. vi. 862. 875. After the funeral these images were again 
set up in the hall where they were kept. See p. 37. 

If the deceased had distinguished himself in war, the crowns and 
rewards which he had received for his valour were displayed, togeth- 
er with the spoils and standards he had taken from the enemy, Virg. 
.^n. xi. 78. At the funerals of renowned commanders, were car- 
ried images or representations of the countries they had subdued, 
and the cities they had taken, Tacit. Ann. i. 8. Dio. Ivi. 34. Ixxiv. 4. 
at the funeral of Sylla, above 2000 crowns are said to have been 
carried which had been sent him by different cities on account of his 
victory, Appinn. B. C. i. 417. The lictors attended with their fas- 
ces inverted. Tacit. Ann. iii. 2. Sometimes also the officers and 
troops, with the spears pointing to the ground, Ibid. Virg. xi. 92. or 
laid aside, Lucan. viii. 735. 

Behind the corpse walked the friends of the deceased in mourn- 
ing, {atra vel lugnbri veste. ; atrati vel pullati ;) his sons with their 
heads reiled, and his daughters with their heads bare, and their hair 
dishevelled, contrary to the ordinary custom of both ; Plutarch, 
quest. Rom. 14. the magistrates without their badges, and the nobility 
without their ornaments. Tacit. Ann. iii. 4. 

The nearest relations sometimes tore their garments, and covered 
their hair with dust, Virg. JEn. xii. 609. Calull. Ixii. 224. or pulled 
it out, Cic. Tusc. iii. 26. The women in particular, who attended 
the funeral, Ter. And. i. 1. 90. Suet. Cces. 84. beat their breasts, tore 
their cheeks, &c. Virg. Mn. iv. 673. Tibull. i. 1. 68. although this 
was forbidden by the Twelve Tables, Multeres genas ne radunto, 
Cic. legg. ii. 24. Plin. xxxvi. 11. ?. e. Unguibus ne scindunto, Fe.?/?^.*?. 

At the funeral of an illustrious citizen, the corpse was carried 
through the Forum ; where the procession stopped, and a funeral 
oration (LAUDATIO) was delivered in praise of the deceased from 
the Rostra, by his son, or by some near relation or friend ; Polyb, 
vi. 51. Cic. Orat. i. 84. Suet. Cms. 84. Aug. 101. Tib. vi. Ker. 9. 
sometimes by a magistrate, Plin. Ep. ii. 1. according to the appoint- 
ment of the senate, Quinctil. iii. 7. vel 9. 

This custom is said to have been introduced by Poplicola, in ho- 
nour of his colleague Brutus, Plutarch, in Popl. Dionys. v. 17. ix. 
54. It was an incentive to glory and virtue ; but hurtful to the au- 
thenticity of historical records, Liv. viii. 40. Cic. Brut. 17. 

The honour of a funeral oration was decreed by the senate also to 
women, for their readiness in resigning their golden ornaments to 
make up the sum agreed to be paid by the Gauls, as a ransom for 
leaving the city ; Liv. v. 50. or, according to Plutarch, to make the 
golden cup which was sent to Delphi, as a present to Apollo, in con- 
sequence of the vow of Camillus, after the taking of Veji, Plutarch, 
in Camillo. 

But Cicero says, that Popilia was the first to whom this honour 
was paid, by her son Catulus, several ages after, Cic. Orat, ii. 11. 
and, according to Plutarch, Caesar introduced the custom of prais- 

51 



402 ROMAN ANTIQUITIES. 

ing young matrons, upon the death of his wife Cornelia. But after 
that, lK)th young and old, married and unmarried, were honoured 
with funeral orations, Suet. Jul. 6. Cal. 10. Tacit. JnnaL \\ L xvi, 
6. Dio, xxxix. 64. & .59. 

While the funeral oration was delivering, the corpse was placed 
before the Rosfro. The corpse of Caesar was placed in a gilt pa- 
vilion like a small temple, {aiiraia cedes,) with the robe in which he 
had been slain suspended on a pole or trophy ; Suet. Cces. 84. and 
his itnage exposed on a moveable machine, with the marks of all the 
wounds he had received ; for the body itself was not seen, Appian» 
B. C. ii. p. 521. but Dio says the contrary, xliv. 4. 

Under Augustus it became customary to deliver more than one 
funeral oration in praise of the same person, and in different places^ 
Dio.W.'i: 

From the Forum the corpse was carried to the place of burning 
or burial, which the law of the Twelve Tables ordered to be with 
out the ciiy, Hominem mortlum in urbe ne sepelito, neve urito. 
Cir. leog. ii. 23. according to the custom of other nations ; the Jews, 
Matth. xxvii. 53. John. xix. 20. &l 41. the Athenians, Cxc. Fam, iv. 
12. Lh\ xxxi. 24. and others, Ck, Flacc. 31. Tusc. v. 23. Plutarch, 
in Aralo.-—Strah. x. 

The ancients are said to have buried their dead at their own 
houses, Serv. in Virg. .,^n. v. 64. vi. 152. Isidor. xiv. 11. whence, ac- 
cording to some, the origin of idolatry, and the worship of house- 
hold gods, the fear of hobgoblins or spectres in the dark, (Larvje 
zel Lemures,) &c. Ibid. — Souls, separated fiom the body, were call- 
ed Lemures rf/ Manes; if beneficent, Lares; if hurtful, I^arv^ 
ret MANfiE, {dya&oi xai xaxa tSajixovsr,) ^pul. de deo Socratis. Augus- 
tus, in his speech to the soldiers before the battle of Actium, says 
that the Egyptians embalmed their dead bodies to establish an opi- 
nion of their immortality, Dio. 1. 24. Several of these still exist, 
called Mummies, from mum, the Egyptian name of wax. The man- 
ner of embalming is described by Herodotus, ii. 86. The Persians 
also anointed the bodies of their dead with wax, to make them keep 
as long as possible, Cic. Tusc. i. 45. 

The Romans prohibited burning or burial in the city, both from 
a sacred and civil consideration, that the priests might not be con- 
taminated by seeing or touching a dead body ; and that houses might 
not be endangered by the frequency of funeral fires, Cic. legg, ii. 
22. or the air infected by the stench, Serv, in Virg. vi. 150. hid, xiv. 
11. 

Thcfiamen of Jupiter was not allowed to touch a dead body, nor 
to go where there was a grave ; Gell, x. 15. so the high priest among 
the Jews ; Levit. xxi. 1 1, and if the pontifex maximus had to deliver 
a funeral oration, a veil was laid over the corpse, to keep it from 
his sight, Sentc. cons, ad Marc, 15. Dio, liv. 28. 35, 

The places for burial were either private or public ; the private 
in fields or gardens, usually near the highway, to be conspicuous, 
and to remind those that passed of mortality, Varr, de L, L, v. 6. 
Hence the frequent inscriptions, Siste viator, aspice viator, &c. 
on the xia Jlppia, Aurelia, Flaminia, Tiburiina, ire, Liv. vi. 36. Suet. 



FUNERALS. 403 

€a1. 59. Galb. 20. Juven. i. ult. Martial, i. 89. 115. 117. vi. 28. 
X. 43. xi. 14. Propert. iii. 16. 30. Nep. Att. ult. Plin. Ep. vii. 29. 
The public places of burial for great men were commonly in the 
Campus Martius, Strab. y. Suet, Cas, 84. CI. 1. Virg, jEn. vi. 
STA. Dio, 39. 64. 48. 53. or Gawpus Esquilinus, granted by a de- 
cree of the senate, Cic. Phil. ix. 7. for poor people, without the Es- 
quilinegate ; in places cailed Puticul/e, vel -i, {quod in puteos cor- 
pora mitUbantur,) Varro. de L. L. iv. 5. Festus. Horat. !Sat. 1. 8. 8. 

As the vast number of bones deposited in that common burying- 
ground rendered the places adjoining unhealthy. Augustus, with the 
consent of the senate and people, gave part of it to his favourite, 
Maecenas, who built there a magnificent house {molem propiNquam 
nubibus arduis, Hor. Od. iii. 29. 10. called Turris M^ecenatiana, 
Sutt, Ner. 38.) with extensive gardens ; whence it became one of 
the most healthy situations in Rome, S«e/. Jiug. T2. Tib. 15. JVer. 31. 

There was in the corner of the burying-ground, a stone pillar, 
CIPPUS^ on which was marked its extent towards the road, (m 
fronte,) and backwards to the fields, {in agrOf vel -um) Horat. ibid, 
also who were to be buried in it. 

If a burying-ground was intended for a person and his heir, it was 
called SEPULCHRUM, vel MONUMENTUM HEREDITARI- 
UM, which was marked in letters, thus, H. M. H. S. ?. e. Hoc 

MONUMENTUM H-ffiREDES SEQUlTUR ; Or GFiNTlLE and GKNTILITIUM, 

Suet. jSfer. 50 ; Patrium, Firg. JSn. x. 557. Avitum, Ovid. Trist. 
iv. 3. 45. Met. xiii. 524. If only for himself and family, FAMI LI- 
ARE, L. 5. D. de religios. Freed-men were sometimes compre- 
hended, and relations, when undeserving, excluded. Suet. Aug. 102. 

The right of burying, ( jus inferendi,) was sometimes purchased 
by those who had no burying-ground of their ow^n. 

The Vestal virgins v.'ere buried in the city, (quia legibus non tene- 
bantur,) Serv. in Vii'g. ^n. ix. and some illustrious men, as, Popli- 
cola, Tnbertus and Fabricius, [viriidis causa, legibus soluli ^) which 
right their posterity retained, Cic. legg. ii. 23. but did not use. To 
i^how, however, that they possessed it, when any of them died, they 
brought the dead body, when about to be burnt, into the Forum, 
and setting down the couch, piita burning torch under it, which they 
immediately removed, and carried the corpse to another place, Plu- 
tarch, in Poplic. et Qucsst. Rom. 78. The right of making a sepul- 
chre for himseM" within the pomaerium was decreed to Julius Caesar 
as a singular privilege, Dio. xliv. 7. 

When a person was burnt and buried in the same place, it was 
called BUSTUM, Festus ; whence this word is often put fur a tomb, 
{TviL(3og,) Cic. Tusc. V. 35. Alt. vii. 9. Pis. 4. 7. Legg. ii. 26. A 
place where one was only burnt, USTRINA. vel -um, Festus. 

The funeral pile (ROGUS, vel PYRA) was built in the form of 
an altar, with four equal sides ; Herodian. iv. 2. hence called ar\ 
SEPULCHRi, Virg. vi. 177. Sil. xv. 388. fuxehis ara, Ovid, Tii^f, 
iii. 13. 21. in Ibin. 102. of wood which might easily catch fire, as fir, 
pine, cleft oak, ^c Virg. iEn. iv. 504. vi. 180. Stat. Theb. vi. 54. 
unpoHshed, according to the law of the twelve tables ; Rogum ascia 
NE POUTO, Cic, legg, ii. 24. but not always so, Plin. xxxv. 7. also 



404 ROMAN ANTIQUITIES. 

stuffed with paper and pitch ; MarliaL viii. 44. 14. x. 97. made 
higher or lower, according to the rank of the deceased ; Lucan. viii. 
743. Vir(f, Ibid, 6lc, xi. 215. (hence iiogus plebeius, Ovid, in 
Ibin. 152.) with cypress trees set around to prevent the noisome 
smell, Ibid, and Serv, in loc. Sil. x. 535. at the distance of sixty feet 
from any house, Cic. legg. ii. 24. 

The basilica Porcia and senate- house adjoining, contiguous to the 
Forum, were burnt by the flames of the funeral pile of Clodius, Ms- 
con, in Cic. pro Milone, Dio. xl. 49. 

On the funeral pile was placed the corpse with the couch, TibulL 
i. 1. 61. The eyes of the deceased were opened, Plin, ii. 37. to 
which Virgil is thought to allude, ^En. iv. 214. 

The nearest relations kissed the body with tears, Prop. ii. 13. 29. 
TibulL i. 1. 62. and then set fire to the pile with a lighted torch, 
turning away their face (aversi,) to show that they did it with reluc- 
tance, Virg. jEn. vi. 223. They prayed for a wind to assist the 
flames, Propert. iv. 7. 31. as the Greeks did; Homer, xxiii. 193. and 
when that happened, it was thought fortunate, Plutarch, in Syll. 

They threw into the fire various perfumes, (odores,) incense, 
myrrh, cassia, &c. Plin. xii. 18. s. 41. Juven. iv. 109. Stat. Si/lv. 
V. 1. 208. Martial, x. 26. which Cicero ca!ls Sumptuos\respersio ; 
forbidden by the twelve tables, Legg. ii. 24. also cups of oil, and 
dishes, (dapes v. fercula,) with titles marking what they contained ; 
Virg. jEn. vi. 223. Stat. Thcb. vi. 126. likewise the clothes and or- 
naments not only of the deceased, Virg. JEn. vi. 221. Lncan. ix. 175. 
but their own ; Tacit. Ann. iii. 3. 2. Suet. Jul. 84. every thing in 
short that was supposed to be agreeable to the deceased while alive, 
Donal. in Virg. JEn. vi. 217. C(bs. B. G. vi. 17. All these were 
called MUNERA, vel DONA, ibid. 

If the deceased had been a soldier, they threw^ on the pile his arms, 
rewards, and spoils, Virg. Mn. xi. 192. Sil. x. 562. and if a general, 
the soldiers sometimes threw in their own arms, Suet. Jul. 84. Lu- 
can. viii. 735. 

At the funeral of an illustrious commander or Emperor, the sol- 
diers made a circuit (DECURREBANT) three times round the 
pile, Virg. jEn. xi. 188. Tacit. Ann. ii. 7. from right to left, {orbe 
sinislro,) with their ensigns inverted, Stat. Theb. vi. 213. and strik- 
ing their weapons on one another to the sound of the trumpet. Fa/. 
Flacc. iii. 346. all present accompanying them ; as at the funeral of 
SyWn, Appian, B. C. 1. of Augustus, Dio. Ivi. 42. &c. which custom 
seems to have been borrowed from the Greeks ; Homer, xxiii. 13, 
and used also by the Carthaginians, Liv. xxv. 17. sometimes per- 
formed annually at the tomb, Sud. Claud. 1. 

As the Manes were supposed to be delighted with blood, Tcrtul- 
lian. de Spect. various animals, especially such as the deceased had 
been fond of, were slaughtered at the pile, and thrown into it ; 
Plin. viii. 40. s. 61. Virg. ,3^n. xi. 197. Homer. II. xxiii. 166. Plin, 
Ep. iv. 2. In ancient times, also men, captives, or slaves, were 
thrown into the pile, Virg. x. 518. xi. 82. Homer. II. xxi. 27. to 
which Cicero alludes, Flar. 38. Afterwards, instead of them, gla- 
diators, called BUSTUARII, were made to fight ; Serv. in JEn, x. 



FUNERALS. 405 

51-. Horat. Sat. li. 3. 85. Flor. iii. 20. so «mong the Gauls, slaves 
and clients were burnt on the piles of their masters, Cces. B. G. vi. 
17. among the Indians and Thracians, wives on the piles of their 
husbands, Cic. Tusc, v. 27. Mel. de sit. orb. ii. 2. As one man had 
several wives, there was sometimes a contest among them about the 
preference, which they determined by lot. Prop. iii. 7. Julian. 7. 18. 
Serv. in .>¥.n. v. 95. Thus also among the Romans, friends testi- 
fied their affections ;* as Plotinus to his patron, Plin. 7. 36. Plau- 
tius to his wife Orestilla, Fo/. Max. iv. 6. 3. soldiers to Otho, Tacit. 
Hist. ii. 49. Mnester, a freed- man, to Agrippina, Id. Ann. xiv. 9. &c. 

Instances are recorded of persons who came to life again on the 
funeral pile, after it was set on fire ; so that they could not be pre- 
served ; and of others, who having revived beibre the pile was kin- 
dled, returned home on their feet, Plin. vii. 52. s. 53. xxvi. 3. s. 8.t 

The Jews, although they interred their dead, {condere, quam 
cremare, e more JEgyplio,) Tacit. Hist. v. 5. tilled the couch on 
which the corpse was laid with sweet odours, and divers kinds of 
spices, and burnt them, 2. Chron, xvi. 14. Jerem. xxxiv. 5. 

When the pile was burnt down, the fire was extinguished, and the 
embers soaked with wine, Virg. Mn. v^. 226. the bones were gather- 
ed (ossa UfTtbantnr) by the nearest relations, Tibult. iii. 2. 9. with 
loose robes, lb. ^ Suet. Aug. 101. and sometimes barefooted. Suet, ib. 

We read also of the nearest female relations gathering the bones 
in their bosom, Tibull. i. 3. 5. Senec. ad Helv. 11. Lucan. ix. 60. 
who were called FuAERiE, vel e(s, Serv. in Virg. JEn. ix. 486. 

The ashes and bones of the deceased are thought to have been 
distinguished by their particular position. Some suppose the body 
to have been wrapt in a species of incombustible cloth, made of 
what the Greeks called Asbestos, Plin. xix. 1. s. 4. But Pliny re- 
stricts this to the kings of India, where only it was then known. 

The bones and ashes, besprinkled with the richest perfumes, were 
put into a vessel called URNA, an urn, Cic. Tusc. i. 15. Ovid. Am. 
iii. 9. 39. Feralis urna, Tacit. Ann. iii. 1. made of earth, brass, 
marble, silver or gold, according to the wealth or rank of every 
one, Prop. ii. 13. 32. ^irg. JEn. vi. 228. Eutrop. viii, 5. Some- 
times also a small glass vial full of tears, called by the moderns a 
Lachrymatory, was put in the urn. 

The urn was solemnly deposited {componebalur) in the sepulchre, 
(SEPULCHRUM, tumulus, monumentum, sedes, vcl domus, Con- 
DiTORiUiM, v. -tivum. Cinerarium, &c.) Pmpert. ii. 24. 35. Ovid. 
Fast, V. 426. Mel. iv. 157. Hence componere, to bury, Horat. Sat. 
i. 9. 28. Tacit. Hist. i. 47. to shut up,^ to end, Virg. JEn. i. 378. 
composito die, i. e.Jinito, Plin. Ep. ii. 17. . 

When the body was not burnt, it was put into a coffin, {area, vel 
loculus,) with all its ornaments, Plin. vii. 2. usually made of stone, 
as that of Numa ; Plin. xili. 13. Fal. Max. i. 1. 12. so of Hannibal ; 

* [n like manner, at th^ present day. it is common for wive? in Himloostan, to 
throw themselves on tiie funeral pile of llieir liishands, and to l»e consumed along 
with the dead body ; and this ihey jjenerally do wiih the utmosl cheerfulness. 

t So instances have oceurred in our lime of iieraons w ho revived, after being bu- 
lied, whicli ought to render people cautious of interring their frieads prematurely. 



406 ROMAN ANTIQUITIES. 

Aur, Vict, iii. 42. sometimes of Assian stone, from Assos^ or -t/.?, a 
town in Tmas or Mysia, which consnmed the body in forty days, 
except the teeth ; Plin, ii. 98. xxxvi. 17. hence called SARCO- 
PHAGUS, lb. which word is also put for any coffin or tomb, Juvt- 
ml. X. 172. 

The coffin was laid in the tomb on its back ; in which direction 
among the Romans, is uncertain : but among the Athenians, looking 
to the west, ^lian. v. k vii. Plutarch, in Solon. 

Those who died in prison, were thrown out naked on the street, 
Liv. xxxviii. 59. 

When the remains of the deceased were laid in the tomb, those 
present were three times sprinkled by a priest with pure water, 
{tt'jua pura, vel Instralis,) from a branch of olive or laurel {aspergil' 
lum,) to purify them ; Strv. ia Virsr, JEn. vi. 239. Fist, in Laurus, 
Juvenal, ii. 1.58. tlien they were dismissed by the Pr^fica, or some 
other person, pronouncing the solemn word ILICET, i. e. re licet, 
you may depart, Scrv. ib. At their departure, they used to take a 
last farewell, by repeating several times VALE, or SALVE ceternum, 
Id. xi. 97. ii. 040. adding Ncs te ordi.xe, quo natura fermiseuit, 
cuxcTisEQUEMUR, Serv. Jhln. iii. 68. which were called Verba no- 
visMMA ; also to wish that the earth might lie light on the person 
buried, Juvenal, vii. 207. which is found marked on several ancient 
monuments in these letters. S. T. T. L. Sit iiri tkrra levis. Mar- 
tial, i. 89. V. 35. ix. 30. and the gravestone (CIPPUS,) Pers. i. 37. 
that his bones might rest quietly, or lie softlv, [moUiler cubarent,) 
Ovid. Am. i. 8. 11)8. Ep. vii. 162. Trist. iii. 3.' 75. ^irg. Eel. x. 33. 
Placid E qui esc as. Tacit. Agric. 46. Hence Compositus, buried, 
Ovid. Fast. v. 426. and/?06i7t/.'?, Ib. 480. So plncidd compositus pace 
qiiescit, is said of Antenor, while yet alive, Id. JEn. i. 249. We 
find in Ovid the contrary of this wish. SolUciti jaceant, terraque pre* 
mantnr iniquti, Amor. ii. 16. 15. as if the dead felt these things. 
Sometimes the bones were not deposited in the earth till three days 
after the body was burnt, Vir^. Aln. xi. 210. 

The friends, when they returned home, as a fm-ther purification, 
after being sprinkled with water, stepped over a fire, (ignem super- 
greditbantur,) which was €alle<l SLIFFITIO, Festus. The house 
itself also was purified, and swept with a certain kind of broom or 
besom, {scopw, -arum,) which pur<ration was called Exverr^, v. 
Everroe ; and he who performed it, EVERRIATOR, id 

There were certain ceremonies for the purification of the fami- 
ly, called Ferine Demcales, {a nece appellatrp- ) Cic. legg. ii. 22. 
Festus ; when they buried a thumb, or some part cut off from the 
body before it was burnt, or a bone brought home from the funeral 
pile ; Cic. ib.2i, Qninctil. viii. 5. 21. Senec. bene/, xv. 24. on which 
occasion a soldier might be absent from duty, Gell. xvi. 4. 

A place was held religious, where a dead body, or any part of it, 
was buried, but not where it was burnt, Cic. ibid. 

For nine days after the funeral, while the family was in mourn- 
ing, and employed about certain solemnities at the tf»mb, it was un- 
lawful to summon the heir, or an^' near relation of ihe deceased, to 
a court of justice, or in any other manner to molest thera, JsfovelL 



FUNERALS. 407 

115. On the ninth day, a sacrifice was performed, called NOVEN- 
DIA.LE, Porphyrio ad Horat. cpod. xvii. 48. with which these so- 
lemnities were concluded, Donat, in 'YVr. Phorm. 

Oblations or sacrifices to the dead, (INFERIiE, vd PARENTA- 
LIA,) were afterwards made at various times, both occasionally 
and at stated periods, consisting of liquors, victims, and garlands, 
Virg.Jhln. iii. G6. V. 77. 94. ix. 215. x. 519. Tacit. Hist. ii. 95. 
Supt. Cal. 3. 15. CI. 11. JWr. II. called Feralia jviunera, OriW. 
Trist. iii. 3. 81. Thus ai.uui ixfkrias kekre, vfl mittere, et pa- 
rentare, to perform these obligations, Cic. Irgg. ii. 21. Phil. i. 6. 
Flacc, 38. Parp,ntare regi sanguine conjnratorumy to appease, to 
avenge, Liv. xxiv. 21. so Cczs. IL G. vii. 17. Saguntvtorttm mnni- 
bus rastatione Italicdf &;c. parmtatum est, an atonement was made 
to their ghosts, Flor. li. 6. so Litare, Id. ii. 5. iii. 18. (Paren- 
T ARE proprie est pareniibus justafacere,) Ovid. Amor. i. 13.4. 

The sepulchre was then bespread with flowers and covered with 
crowns and fillets, Suet. Ntr. 57. Tac. Hist. ii. 55. Cic. Flacc. 38. 
Before it, there was a little altar, on wiiich libations were made, and 
incense burnt, Virg. Mn. iii. 63. 302. vi. 883. A keeper was ap- 
pointed to watch the tomb. Prop. iii. 16. 24. which was frequently 
illuminated with lamps, D. xl. 4. 44. Suet. Jlug. 99. 

A kind of perpetual lamps are said by several authors to have 
been found in ancient tombs still burning, which, however, went out 
on the admission of air. But this by others is reckoned a fiction, 
Kippingiy Antiq. iv. 6. 14. 

A feast was generally added, called SILICERNIUM, {cxna fu- 
nebris, quasi in silice posita, Serv. in Virg. JEn, v. 92. vel quod 
silentesy sc. umbrae, earn cernehant, vel parentantes, qui non degus- 
tabant, Donat. in Tcr. Adelph. iv. 2. 48.) both for the dead and the 
living. Certain things were laid on the tomb, commonly beans, 
Plin. 18. 12. s. 30. lettuces, bread, and eggs, or the like, which it 
was supposed the ghosts would come and eat ; hence Coena fera« 
LIS, Juvenal, v. 85. What remained, was burnt ; for it was thought 
mean to take any thing thus consecrated, or what was thrown into 
the funeral pile. Hence Rapere de rogo cwnam, Catull. 57. 3. Ti- 
bull. i. 5. .53. Ejlamma cibum pc.tere, Ter. Eun. iii. 2. 38. Busli- 
rapus is applied as a name of contempt to a sordid person, Plaut^ 
Pseud, i. 3. 127. and Siluernium, to an old man, Ter. ibid. 

After the funeral of great men, there was not only a feast for the 
friends of the deceased, but also a distribution of raw meat among 
the people, called VISCERATIO, Liv, viii. 22. See p. 275. with 
shows of gladiators and games, which sometimes continued for se- 
veral days ; Liv. xxxvi. 46. sometimes celebrated also on the anni- 
versary of the funeral, Virg. JBn. v. Faustus, the son of Sylla, 
exhibited a show of gladiators in honour of his father, several years 
after his death, and gave a feast to his people, according to his fa- 
ther's testament, Cic. Si/ll. 19. Dio. xxxvi. 51. 

The time of mourning for departed friends was appointed by 
Numa, Plutarch, in Nam. as well as funeral rites, (justafunebria^) 
and offerings to appease the manes, {in/trice ad placandos Manes,) 
Liv. i. 20. There was no limited time for men to mourn, because 



40S ROMAN ANTIQUITIES. 

none was thought honourable, Senec. Episf. 63. as among the Ger- 
mans, Tacit. 27. It usually did not exceed a few days, Dio, Ivi. 43, 
Women mourned for a husband or parent ten months, or a year, ac- 
cording to the com.putation of Romulus, See p. 278. but not longer, 
Setiec. ib. <f^ Consot. ad Helv. 16. Ovid. Fast. iii. 134. 

In a public mourning for any signal calamity, the death of a prince 
or the like, there was a total cessation from business, (JUSTITI- 
UM,) either spontaneously, or by public appointment, Liv. ix. 7. 7a- 
cit. Ann. ii. 82. Lucan. ii. 17. Capitolin. in Antonin. Phil. 7. when 
the courts of justice did not sit, the shops were shut, &c. Tacil, Ann, 
iii. 3. 4. iv. 8. Suet. Cal. 24. Jn excessive grief, the temples of the 
gods were struck with stones, (/apidata, i. e. lapidibvs impetita,) and 
their altars overturned. Suet. Cal. 5. Senec. Vit. beat. 36. Arrian, 
Epictet. ii. 22. 

Both public and private mourning was laid aside on account of the 
public games ; Tacit. Ann. iii. 6. Suet. Cal. 6. for certain sacred 
rites, as those of Ceres, &c. and for several other causes enumerat- 
ed by Festus, in voce minuitur. After the battle of Cannae, by a 
decree of the senate, the mourning of the matrons was limited to 
thirty days, Liv. xxii. 56. Val. Max. i. 1. 15. Immoderate grief 
was supposed to be offensive to the Manes, Tibull. i. 1. 67. Stat. Sylv. 
V. 1. 179. 

The Romans in mourning kept themselves at home. Tacit. Ann. iii. 
3. iv. 8. Plin. Ep. ix. 13. avoiding every entertainment and amuse- 
ment ; Cic. Att. xii. 13. &c. Sener. decl. iv. 1. Suet. Cal. 24. 45. nei- 
ther cutting their hair nor beard ; See ;;. 361. drest in black, (LUGU- 
BRIA sumebant,) Juvenal x. 245. which custom is supposed to have 
been borrowed from the ^Egyptians, Serv. in Virg. JEn. xi. sometimes 
in skins, Festus in pellis ; laying aside every kind of ornament, Liv. 
ix. 7. Suet. Jiug. 101. not even lighting a fire, Scholiast, in Juvenal. 
iii. 214. Apul.Met. ii. which was esteemed an ornament to the house, 
Homer. 11. 13. Hence Focus perennis, i. e. sine luctu, Martial, x. 
47. 4. pervigil, Stat. Sylv. iv. 5. 13. 

The women laid aside their gold and purple, Liv. xxxiv. 7. Ter. 
Heaut. ii. 3. 45. Under the republic, they dressed in black, like the 
men ; but under the emperors, when party-coloured clothes came 
in fashion, they wore white in mourning, Plutarch, probl. 27. Hero- 
dian. iv. 2. 6. 

In a public mourning, the senators laid aside their latus clavus 
and rings ; Liv. ix. 7. the magistrates, the badges of their office ; 
Cic. post red. in Sen. .5. Tacit. Ann. iii. 4. Lucan. ii. 18. and the 
consuls did not sit on their usual seats in the senate, which were 
elevated above the rest : but on a common bench, {sede vulgari,) 
Tacit. Ann. iv. 8, Dio. Ivi. 31. Dio says that the senators in great 
mourning appeared in the dress of the Equitcs, xl. 46. 

The Romans commonly built tombs (sepulchra, v. conditoria) for 
themselves during their life-time, Senec. brev. vit. 20. thus, the MAU- 
SOLEUM, (fJiaoCoXeiov,) of Augustus in the Campus Martins between 
the via Flaminia and the bank of the Tiber, with woods and walks 
around, Suet, Aug. 101. Strab. v. p. 236. Hence these words fre- 
quently occur in ancient inscriptions, V. F. Vivus Fecit ; V. F. C. 



FUNERALS. 409 

Vivus Faciendum curavit ; V. S. P. Vivus sidi posuit ; also Se 
VIVO FECIT. If they did not live to finish them, it was done by their 
heirs, Suet. Aug, 101. who were often ordered by the testament to 
build a tomb, Horat. Sat, ii. 3. 84. & .3. 10.5. Plin. Ep. vi. 10. and 
sometimes did it at their own expense, (de suo re/ de sua tecuma.) 
Pliny complains bitterly of the neglect of friends in this respect, 
Ibid, 

The Romans erected tombs either for themselves alone, with their 
wives, (SEPULCIIRA iriva, vel Sixgularia), or for themselves, 
their family, and posterity, (commuma,) Ck. Off. i. 17. familiaria 
et HEREDITARIA, .Martial, i. 117. Cod. 13. likewise for their friends, 
who were buried elsewhere, -or whose bodies could not be found 
(CENOTAPHION, vel Tumulus honorarius, Suet. CL 1. vel i.va- 
Nis, Firg, Mn, iii. 304. Horat, Od. ii. 20. 21.) Tacit. Ann. i. 6'2. 
When a person, falsely reported to have been dead, returned home, 
he did not enter his house by the door, but was let down from the 
roof {quasi coeiitus missus,) Plutarch. Q. Rom. 5. 

The tombs of the rich were commonly built of marble, Cic, Fam, 
iv. 12. Tibull.m, 2. 22. the ground enclosed with a wall, {maccria,) 
Suet. Ner. 33. 50. or an iron railing, {ferred sepe,) Strab. v. p. 236. 
and planted around with trees. Martial, i. 89. 3. as among the Greeks, 
Pausan.'i'i. 15. 

When several different persons had a right to the same burying 
ground, it was sometimes divided into parts, and each part assigned 
to its proper owner. 

But common sepulchres were usually built below ground, and 
called HIPOGiEA, Petron. 71. mnny of which still exist in different 
parts of Italy, under the name o^ catacombs. There were niches 
cut out in the walls, in which the urns were placed ; these, from their 
resemblance to the niches in a pigeon-house, weie called Columba- 

RM. • 

Sepulchres were adorned with various figures in sculpture, whfch 
are still to be seen, Cic, Tusc. Q. v. 23.. Firg. A^n, vi. 233. with sta- 
tues, Liv, xxxviii. ,56. columns, &c. 

• But what deserves particular attention, is the inscription or epi- 
taph, (TITULUS, i'siiy^am, Epitafhium, vei Elogium,) expressed 
sometimes in prose, and sometimes in verse, Ovid. Her. xiv. 128. 
Martial. X. IX.Cic. Tusc. i. 14, Arch. 11. Se/ier/. xvii. 20. Fiu.W. 
35. Pis. 29. Virg. Eel. v. 43. Suet. CL 12. Plin. Ep. ix. 20. Sit. xv. 
44. usually beginning with these letters, D. M. S. Dis Manibus sa- 
crum, Prudent. Si/mmach. i. 402. Cell. li. 18. vel Memorie, Suef, • 
Vit. 10; then the name of the person followed, his character, and 
the principal circumstances of his life. Often those words are used, 
Hic situs EST r/-/ jacep, OvhI. Mit.W.'SlS. Fast. m. Z12. TibulL 
\. 3. 5.5. iiir2. 29. Martial, vi. 52. Virg. vii. 3. Plin. Ep. vi. 10. Se- 
nee, Ep, 78. If he had lived huppily in mnrriage, thus Sine que- 
rela, SINE juRGio, vel offensa^ vel discordia^ Plin. Ep. viii. 5. 

When the body was simply interred without a tomb, an inscrip- 

52 



410 ROMAN ANTIQUITIES. 

tion wns sometimes put on the stone coffin, as on that of Numa, 
Liv. xl. 29. 

There was an action for violating the tombs of the dead, (Sepul- 
CHUT VIOL ATI ACTIO,) Cic, Tusc. i. 12. Senec. Contr. iv. 4. The 
punishment was a fine, the loss of a hand, {manus ampuialio ;) work- 
ing in the mines, (danwalio ad metallum,) banishment or death. 

A tomb was violated by demolition, by converting it to improper 
purposes, or by burying in it those who were not entitled, {nlienos 
infcreudo,) Cic. legg. ii. 26. D. de sep. viol. 47. 12. Tombs often 
served as lurking-places for the persecuted Christians, Chrysost, 
Horn. 40. and others, Martial, i, 35. iii. 92. 15. 

The i)ody was violated by handling, /. 4. C. de sep, viol, ix. 19. 
or mutilating it, which was sometimes done for magical purposes ; 
Qidnclil, dccl. \5. Jlpul. Met. ii. Tacit, .^nn. ii. 69. by stripping 
it of any thing valuable ; as gold, arms, &c. Id. 69. Phcedr. i. 27. 
3. or by transporting it to another place, without leave obtained 
from the Pontiftx Miximns, from the Emperor, or the Magistrate 
of the place, Dig. & Cod. Plin. Ep. x. 73. & 74. 

Some consecrated temples to the memory of their friends, as Cir 
cero proposed to his daughter Tullia ; which design he frequently 
mentions in his letters to Atticus, xii. 18. 19. 35. 36. 41. 43. &c. 
Larlant. i. 15. This was a very ancient custom, Plin. 27. and pro- 
bably the origin of idolatry, Wisd. xiv. 15. 

The highest lK)nours were decreed to illustrious persons after 
death, Minnc. Fchx in Or.lav. The Romans worshipped their found- 
er Romulus, as a god, under the name of Quirinus, Liv, i. 16. Hence 
afterwards the solemn CONSECRATION (aTo^c-wtf.j) of the Empe- 
rors, by a decree of the senate, Herodian. iv. 2. who were thus said 
to be ranked in the number of the gods, {in deorum nnmerum, inter 
vel in deos refer ri, Suet. Caes. 88. cce/o decari, Plin. Pan. 11. &:c.) 
also some Empresses, Suet; CI. 11. Tacit, Jinn. v. 2. xvi. 21. Tem- 
ples and priests were assigned to them, see p. 264. They were in- 
voked with prayers, Firg. G. i, 42. Men swore by their name or 
genius, and offered victims on their altars, Horat. Ep. ii. 1. 16. 

The real body was burnt, and the remains buried in the usual man-, 
ner. But a waxen image of the deceased was made to the life ; 
which, after a variety of ridiculous ceremonies paid to it for seven 
days in the palace, was carried on a couch in solemn procession on 
the shoulders of young men of equestrian and patrician rank ; first 
to the Forum, where the dirge was sung by a choir of boys and girls 
of the m.ost noble descent ; tlien to the Campus Martins, where it 
was burnt, with a vast quantity of the richest odours and perfumes, 
on a lofty and magnificent pile ; from the top of which, an eagle let 
loose was supposed to convey the prince's soul to heaven, Herodian, 
iv. 3. • 

• ROMJiN WEIGHTS and COINS, 

The principal Roman weight was AS or libra, a pound ; which was 
divided into twelve parts, or ounces, (UNCIiE :) thus uncia^ an 
ounce, or jV of an as ; sextans, 2 ounces, or /^ ; quadrans, 3, j^ or \ ; 



WEIGHTS AND COINS. 411 

irienSf 4, y^g, or ^ ; quincunx , 5, or /j ; semis, 6, or J ; septnnx, 7, or 
T^Y ; fte5, or bessis, 8, yV, or | ; dodrans, 9, -j^g- ^i' f 5 dexlans, or c?e- 
cima:, 10, |^, or ^ ; deunx, 11 ounces, or ||^ of an a^. 

The UNCIA was also divided thus, semimcia, J, the half of an 
ounce, or 3^ of an as ; duella, ^ ; sicilicm, vel -?/m, \ ; sexlula, ~ ; 
drachma, - ; hemisesclaj i. e. semisextula, yV » trcmissis, scrvpulus, 
scriplulnm vel scripulum, /^ of an ounce, or 3I3 of an a^, Varr. L. 
L. iv. 36. 

AS was applied to any thing divided into twelve parts ; as, to an 
inheritance, see p. 62. an acre, Liv. viii. 11. to liquid measure, see 
p, 38*2, or to the interest of nnoney, &c. Hence probably to our 
word ace, or unit. 

The Ronnan pound was equal to 10 ounces, 18 penny-weights, ISf 
grains of English Troy weight, or nearly 1'2 ounc^ts Avoirdupoisc 

The Greek weights mentioned by Roman authors, are chiefly the 
ialenl, divided into 60 mince, and the mina into 100 drachmi£. The 
mina was nearly equal to the Roman libra. 

The English TROY loeighl, by which silver and gold are weigh- 
ed, is as follows : 24 grains, 1 penny- weight ; 20 dvvt. 1 ounce : 12 
oz. 1 pound. But .apothecaries, in compounding medicines, make 
20 grains 1 scruple ; 3 s. 1 drachm ; 8 dr. 1 ounce ; 12 oz. 1 pound. 
Avoirdupoise weight, by which larger and coarser commodities are 
weighed, 19 drachms, 1 ounce ; 16 oz. 1 pound. 

The Romans, like other ancient nations, Slrah. iii. 155. at first 
had no coined money, (pecunia signata,) but either exchanged com- 
modities with one another, or used a certain weight of uncoined brass, 
(aes rude,) or rather metal : Hence the various names of money 
also denote weight ; so pendere. for solvere, to pay ; stipendium, \a 
stipe pendenda,) soldiers' pay, Festus ; because at first it was weigh- 
ed, and not counted. Thus talentum and mina among the Greeks, 
shekel among the Hebrews, and pound among us. 

Several Greek words are supposed to allude to the original custom 
of exchanging commodities, thus, a^vu.aai, to purchase or exchange, 
by giving a lamb, (dp.c, apvoj, agnas ;) wvaofxai, by giving an ass, (ovoc. 
asinns ;) 'r'ojXsc^, by giving a foal, ':t(ji\og, {cquultus,) or the young of 
any animal. 

Servius Tullius first stamped* pieces of brass with the image of 
cattle, oxen, swine, &c. (Pi!:(Udes) whence PECUNIA, money. 
Owe?, Fas/. V. 281. {Servius, rex,oviuml)()nm(pj.eijHs;io prinuis as 
signavil, Plin. xxxiii. 3. JEs pecorr nolavit ;. Varro. H. R. ii. I. Plu- 
tarch. Q. Rom. 40. Silver was fir-^t coined, A. U. 484. five years 
before the first Punic war, or, according to others. A, U. 498. and 
g«ld, sixty-two years after, Pliu. xxxiii. 3. 40. Liv. Ep. xv. Silver 
coins, however, seem tf> have been in use at Rome Ijefore that time, 
but of foreign coinage, Liv. viii. 11. The Ronwii v.oins were then 
only of brass. 

Hence Ms or (era,, plur. is put for money in gen'viral, Horal. art. p. 
345. ep. I. 7. ''2'^, Aureos nummos ces dicimns,V\^\iin. JEre mature, to 
buy or sell ; ois alienu/n, debt ; annua cera, yearly pay, Liv. v. 4. 



412 ROMAN ANTIQUITIES. 

arariunh the treasury ; ms miUtare, money for paying the soldiers, 
given from the treasury to the Quaestor by the Tribuni reran?', Ascon. 
et Fest. or by them to the soldiers, Varr. L. L. iv. 36. Honio ara- 
ius, a moneyed man, Plant. MosL iv. 2. 9. as some read the passage ; 
So tribuni non tarn (Brad, i. e. bene nummati, quam vt appellantur, 
iBrarii, i. e. a?re corrupti, vel in cerarios aut Ccerites reftrendi, Cic. 
Att. i. 16. See ;?. 115. jEra veinsta, \. e. prisca 7«onc/a, ancient 
money ; Ovid. Faai. i. 220. but JEra vetera, old crimes or debts ; 
Cic. Verr, y. 13. JEruscare vel tr^cw/wn, to get money by any means ; 
Fest. et Senec. de clem. ii. 6. JEruscnlor, vel esculator, a low beggar- 
ly fellow, a fortune-teller, or the like, Gell. ix. 2. xiv. 1. obaratusy 
oppressed with debt, a debtor, Liv. 26. 40. Ccts. B. G. i. 3. Tacit, 
Jinn. vi. 17. In meo cere est, i. e. in bonis meis, va] in meo censv, 
mine, my friend, Cic. Fam. xiii. 62. xv. 14. ces circnmforanewn, mo- 
ney borrowed from bankers {argentarii), who had shops in porticos 
round the Forum, Cic, /ill. ii. 2. . 

Money was likewise called STIPS (a stipando), from being cram- 
med in a cell, that it might occupy less room, Varr. L. L. iv. 36. 
But this word is usually put for a small coin, as we say a penny or 
farthing, offerred to the gods at games, or the like ; Cic. leg, ii. 16. 
Liv. 25. 12. Tarif. ^nn. \\v. 15. Suet. Aug. 57. or given as an alms 
to a beggar ; Id. 91. or to any one as a new year's gift, (strena,) 
Id. Cal. 42. or by way of contribution for any public purpose, Plin, 
xxxiii. 10. s. 48. xxxiv. 5. 

The first brass coin (.\um-vus vel mtmus ceris, a Numa rege vel a 
voixog lex), was called AS, (anciently assis, from <bs ;) of a pound 
weight, {liberalis.) The highest valuation of fortune {census maxi- 
mus) under Servius, was 100,000 pounds weight of brass, {centum 
miilia ceris, sc. assium vel librarnm,) Liv. i. 43. 

The other brass coins, besides the as, were semisses, trientes, 
quadrantes and sextantes. The qucidrans is also called terunc ius, 
Cic. Fam. ii. 17. At.v, 20. (a tribus unciis,) Plin. xxxiii. 3. s. 13. 

These coins at first had the full weight which their names import- 
ed, hence in later times called \^S GRAVE, Plin. xxxiii. 3. s. 13. 

This name was used particularly after the weight of the as was 
diminished, to denote the ancient standard, Liv. iv. 41. 60. v. 12. 
Senec. ad Hdv. 12. because when the sum was large, the asses 
were weighed and not counted. Servius on Virgil makes as grave 
to be lumps (masscB) of rough copper, or uncoined brass ((sris rudis,) 
^n. vi. 862. 

In the first Punic war, on account of the scarcity of money, asses 
were struck weighing only the sixth part of a pound, or two ounces ; 
{asses sextantario pondere feriebantur,) which passed for the same 
value as those of a pound weight had done ; whence, says Pliny, 
the republic gained five-sixths, {ita qinnque partes factcR lucri.) and 
thus discharged its debt. The mark of the as was then a double Jcf- 
nus on one side, and the beak or stern of a ship on the other. Pin- 
tarch. Q. Rom. 40. See Ovid Fast. i. 229. &c. of the triens and 
quadrans, a boat, {rates ;) whence they are sometimes called Rati- 
Ti, FestuSf Plin. ibid. 



WEIGHTS AND COINS. 413 

In the second Punic war, while Fabius was dictator the asses 
were made to weigh only one ounce, {unciales ;) and afterwards, by 
the. law o^ PapiriuSf A. U. 563. half an ounce, {semunciales,) Plin. 
xxxiii. 3. s. 13. 

The sum of three asses was called tressis ; of ten asses^ decussis ; 
of twenty, vicessis ; and s.o on to a hundred, Centussis, f^arr. L. 
L. iv. 36. viii. 49. Pers. v. 76. 191. Gelt. xv. 15. Macrob, Sat. ii. 
13. but there were no such coins. 

The silver coins were DENARIUS, the value of which was ten 
asses or ten pounds of brass, {Deni ceiis^ sc. asses,) marked with the 
letter X.— QUINARIUS, five asses, marked V.— and SESTER- 
TIUS, two asses and a half {f^uasi sesquitertius,) commonly 
marked by the letters L. h. S. for Libra libra semis ; or by abbre- 
viation, H. S. and often called absolutely NUMMUS, because it was 
in most frequent use, CIc. Verr. iii. 60. & 61. 

The impression on silver coins, [nota argent!,) was usually on one 
side, carriages, drawn by two or four beasts, {higcB vel quadrigce :) 
whence they are called BIGATl and QUADRIGATI, sc. nummi, 
Plin. xxxiii. 3. Liv. xxii. 52. xxiii. 15. and on the reverse, the head 
of Roma with an helmet. 

On some silver coins was marked the figure* of victory, hence 
called VICTORIATI, Cic Font. 5. QuiyicliL vi. 3. stamped by the 
Clodian law, Plin. xxxiii. 3. of the same value with the qninarii. 

From every pound of silver were coined 100 denarii ; so that at 
first a pound of silver w^as equal in value to a thousand pounds of 
brass. Whence we may judge of the scarcity of silver at that time 
in Rome. But afterwards the case was altered. For when the 
weight of the as wiis diminished, it bore the same proportion to the 
denarius as before, till it was reduced to one ounce ; and then a de- 
narius passed for sixteen asses, (except in the military pay, in which 
it continued to pass for ten assies, at least under the republic, Plin.. 
xxxiii. 3. for in the time of Tiberius it appears no such exception 
was made. Tacit. Ann. 1. 17.)a quinarius for eight asses, and a ses- 
tertius for four ; which proportion continued when the as was reduc- 
ed to half an ounce, Plin. ibid. Hence argentum cere solutum, i. e. 
an as for a sestertius, or the fourth part, Sail. Cat. 33. See p. 50. 

But the weight of the silver money also varied, and was different 
under the emperors from what it had been under the republic. 

Varro mentions silver coins of less value : Libella, worth an as, 
or the tenth part of a r/e^aWw.s ; Sembella, (quasi semilibella,) worth 
half a pound of brass, or the twentieth part of a denarius, and 
TKRUNcius, the fortieth part of a denarius, Varro de ling. Lat. iv. 
36. But Cicero puts thie libella for the smallest silver coin, Verr. ii. 
10. Rose. C. 4. as well as the teruncius. Fin. iii. 14. Att. v. 20. Fam. 
ii. 17. this, however^ he does only proverbially ; as we say a penny 
or a farthing. 

A golden coin was first struck at Rome in the second Punic war, 
in the consulship of C. Claudius Nero and M. Livius Salinator, A. 
U. 546. called AUREUS, or aureus nummus, equal in weight to two 
denarii and a quinarius, and in value to twenty-five denarii, or 100 



414 ROMAN ANTIQUITIES. 

sestertii, Suet. 0th. 4. Tacit. Hist. 1. 24. Hence the fee allowed to 

be taken by a lawyer is called by Tacitus dena seslertia, Ann. xi. 7. 
by Pliny decmi miliia, sc. H. S. Ep. v. 21. and by Ulpian cENiim 
AURti, D. 1. 12. d« exlr. cognit. See p. 163. all of which were 
equivalent. 

The common rate of gold to silver under the republic was ten- 
fold ; {ut pro argenteis decern, aureus vnns valerel,) Liv. 38. 11, 
But Julius Caesar got so much gold by plundering, that he exchanged 
it [promercale divideret,) for 3000 sestertii, or 750 denarii the pound, 
i. e. a pound of gold for 7^ pounds of silver. Suet. Cces. 54. 

The aureus in later ages was called SOLIDUS, but then greatly 
inferior, both in weight and beauty, to the golden coins struck under 
the republic and first emperors, Lamprid. in Mlex. 39. • 

At fij'st forty aurei \ven; made from a pound of gold, with much 
the same images as the nilvcr coins. But under the late emperors 
they were mixed with alloy ; and thus their intrinsic value was di- 
minished. Hence a difterent number of auni were made from a 
pound of gold at different times ; under Nero 45, Plin, 33. 3. but 
under Constantine, 72. 

The emperors usually impressed on their coins their own image, 
Jwtenal. xiv. 291. 'This was first done by Julius Caesar, according 
to a decree of the senate, l)io. xliv. 4. 

The assay or trial of gold was called OBRUSSA, P/i/?. 33. 3. 
Cic. ihul. 74. Senec. Ep. 13. s. 19. hence aurum ad obryssaniy sc. 
exacfum, the purest gold. Suet. Aer. 44. ARGENTUM fusiulatum, 
the finest silver, Jbid. Mirtinl. vii. 85. vel purmnpuium, Gell. vi. 5. 
ARGENTUM infect um vel rude, bullion, un wrought or uncoined 
silver ; factum, plate ; signalum, coined silver, Liv. xxvii. 18. xxxiv. 
52. NUMMl'S asper, new-coined, Suet. ib. Senec. Ep. 19. veins vel 
tritus, old, &:c. 

Some coins were indented, {serrati,) Tacit, de Mor. German. 5. 

Besides the ordinary coins, there were various medals struck to 
conimemnrate important events, properly called Medallions: for 
what we commonly term Roman meda/s, were their current money. 
When an action deserved to be recorded on a coin, it was stamped 
and issued out of the mint. 

Money was coined in the temple of Junq Moneta ; whence our 
word money'. Tlie consuls at first are thought to have had the charge 
of it. But particular officers were afterwards created lor that pur- 
pose. See p. 131. 

There arc several Grecian coins mentioned by Roman writers, 
some of them equal to Roman coins, and some not; DRACHMA, 
equal to a denarius : but some make it to be as nine to eight ; 
MINA, equal to 100 drachnne, or to a Roman iibra or pound of 
silver, Pli',. xxi. 34. TALENTUM, equal to sixty min(v.,oY Roman 
pounds: TETRADRACHMA vel -?/m, equal to four drachmoi or 
denarii, as its name impr)rts, Liv. xxxvii. 46. Cic. Fam. xii. 13. but 
Livy, according to the common reading, makes it three denarii, Liv. 
xxxiv. .52. O BO I. US, the sixth part of a denarius or drachmce, Plin. 
xxi. 34. The Greek obolus was worth 1 penny i and ^ of a farthing, 



METHOD OF COMPUTING MONEY. 415 

sterling. Six oboli made a drachma, 100 drachmae made a mina, 
and 60 minae, a talent. 

METHOD OF COMPUTING MONEY. 

The Romans usually computed sums of money by SESTERTII 
or SESTERTIA. Seslertlum is the name of a sum, not. of a coin. 

When a nunrieral noun is joined with sestertii, it means just so 
many sesterces ; thus decern sestertii, ten sesterces ; but when it is 
joined with sestcrlia, it means so many thousand sestertii^ thus, c/e- 
cem sesierlia, ten thousand sesterces. 

SESTERTIUM, Milh sestertii, mille numrni, v. sestertii nummi ; 
mille sestertiam, mille nummum vel seslertium, nummam mille • H. S» 
vel H. S. 2500 ceris, sc. asses ; 250 denarii vel drachma denote the 
same sum. 

When a numeral adverb-is joined to sesterlium, it means so many 
hundred thousand sestertii; thus, quadragies sestertium is the same 
with quadragies centena millia sestcrliorum nwnmorum, or qualer mil" 
lies mille sestertii, four millions of sestertii. Sometimes the adverb 
stands by itself, and denotes the same thing ; thus, decies, xicies vel 
vigesies, sc. sestertium ; expressed more fuWy, decies centena, sc. mil- 
lia sestertiufn ; Ilorat. Sat. i. 3. 15. Juvenal, x. 335. and complete- 
ly, CiCi Verr. i. 10. and ib. iii. 70. So also in sums of brass, decies 
(eris, sc. centena millia assium-, Liv. xxiv. 11. For when v*'e say cZc- 
niitris, centum osris, &c. asses is always to be supplied. 

When sums are marked by letters, if .the letters have a line over 
them, centena millia is understood, as in the case of the numeral ad- 
verbs ; thus, H. S. M. C. signifies the same with millies centies, i. e. 
1 10,000,000, sestertii or 7iiimmi, 888,020/. : 16 : 8 : whereas H. ^\ 
M. C. without the cross line, denotes only 1100 sestertii, HI. : 17 : 

When the numbers arc distinguished by points in two or three 
orders, the first towards the right hand signifies units, the second 
thousands, and the third hundred thousands ; thus. 111. XII. DC, 
HS. denotes, 300,000 ; 12,000, and 600 H. S. in all making 312,600 
sestertii, 5047/. : 3 : 9. 

Pliny says, xxxiii. 3. that seven years before the first Punic war, 
there was in the Roman treasury auri pnndo XVI. DCCCX. argenti 
pondo, XXII. LXX. et in numerato, LXII. LXXV. CCCC. that is, 
16,810 pounds of gold, 22,070 pounds of silver, and in ready mo- 
ney, 6,275,400 sestertii, 50,741/. : JO : 2^ But these sum^s are 
otherwise marked, thus, auri pondo XVI. M. DCCCX, argenti XXII. 
M. LXX. et in numerato LXTl. LXXV. M. CCCC. 

When sestertium neut. is used, pondo is understood, that is, two 
pounds and a half of silver, or a thousand sestertii, TJv. xxii. 23. 

When H. S. or sestertium is put after decern millia or the like, it 
is in the genitive plural for sesterliorum, and stands for so many ses- 
terJii, which may be otherwise expressed by dcceni sesterlia, &c. But 
sestertium, when joined with decies or the like, is in the nominative 
or accusative singular, and is a compendious way of expressing de- 



416 ROMAN ANTIQUITIES. 

cies centies sestertium, i. e. decies cenlum vel decies centena millia ses' 
tertium^ v. scstertiorum. 

The Romans sometimes expressed sums by talents ; thus, decern 
millia tnlentum, and sestertium bis millies el quadringenties, £ire equi- 
valent, Cic, Rahir. Post. 8. So 100 talents and 600,000 denari, Liv. 
xxxiv. 50 — or by pounds, (LIBRAE) pondo, i. e. pondere in the ab- 
lative, for these words are often joined, as we say pounds in w'eight ; 
and when PONDO is put by itself as an indeclinable noun, for a 
pound or pounds : it is supposed even then by the best critics to be 
in the ablative, and to have libra or lihrcB understood. {See Grono- 
vius de pec, vet.)^ Plaut. Pseud, iii. 2. 27. Rud. iv. 2. 9. J\flen. iii. 3. 
3. ^ 18. Macrob. Sat. iii. 15. Columel. xii. 20. 28. Liv. xxvi. 47. 
iii. 29. iv. 20. xxii. 23. Gell. ii. 24. xx. 1. Cic. Cluent. 64. Invent, 
ii. 40. Parad.m. 1. . " 

The Roman /i/^ re contained twelve 'ounces of silver, and was 
worth about 3/. sterling ; the talent, nearly 193/. 

But the common computation w^asby sestertii or nummi. 

A SESTERTIUS is reckoned to have been worth of our money 
one penny 3=' farthings ; a QUINARIUS or vicloriatus. 3d. 3^: q. a 
DENARIUS, 7d. 3q. the AUREUS, or gold coin, 10s. Ifd. a SES- 
TERTIUM, or a thousand sestertii, 6/. : 1 : 5} — ten sestertii, Is. 
7d. l^q. — an hundred sectertii, 16s. Id. '^q.—len sestertia, or 10,000 
sestertii, 80/. : 14 ; 7. — an hundred sestertia, vel decies sestertium, 
vel decies centena millia nummum, v. sestertium, or, 100,000 sestertii, 
8,0721. : 18 : 4.— Centies, vel Centies H. S. 80,729/. : 3 : 4.— Millies 
H. S. 807,291/. : 13 : 4.— Millies Centies H. S. 8,072,916/. : 13 : 
4 : 16 : 8 &c. Hence we may form some notion of certain instan- 
ces on record of Roman wealth and luxury. 

Crassus is said to have possessed in lands, bis millies, i. e. 
1,614,583/. : 6 : 8, besides money, slaves, and household furniture, 
Plin. xxxiii. 10. s. 47. which may be estimated at as much more, 
(alterum tantum.) In ihe opinion of Crassus, no one deserved to 
be called rich who could not maintain an army, Cic. Off. i. 8. or a 
legion, Plin. xxxiii. 10.— Seneca, ter millies, 2,421,875/. ; Tacit. 
Ann. xiii. 42. — Pallas, the freedman of Claudius, an equal sum. Id. 
xii. 53. — Lentulus, the augur, quater millies, 3,229,166/. : 13 ; 4. 
Senec. de benef. ii. 27. — C. Caecilius Claudius Isidorus, although he 
had lost a great part of his fortune in the civil war, left by his will 
4116 slaves, 3600 yoke of oxen, 257,000 of other cattle ; in ready 
money, H. S. sexcenties, 484,27*5/., Plin. ib. 

Augustus received by the testaments of his friends quater decies 
millies, 32,291,666/ : 13 ; 4. Suet. Aug. nit. He left in legacies to 
the Roman people, 'i. e. to the public, quadringenties, and to the 
tribes or poorer citizens, {tribubus vel plebi,) Tricies quinquies. Suet, 
ibid. Tacit. Ann. i. 8. 

Tiberius left at his death vigesies septies millies, 21,796,875/., 
which Caligula lavished away in less than one year, Suet. Cal. 37.. 

Vespasian, at his accession to the empire, said, that to support 
the commonwealth, there was need of quadringenties millies^ 



METHOD OF COMPUTING MONEY. 417 

"22,916,666/. : 13 : 4, an immense sum ! more than the national 
debt of Britain !* Suet. Vesp. 16. 

The debt of Milo is said to have amounted to H. S. septingentieSf 
565,104/. : 3 : 4, Piin. xxxvi. 15. s. 24. 

Caesar, before he enjoyed any office, owed 1300 talents, 251,875/. 
Plutarch. When, after his praetorship, he set out for Spain, he is 
reported to have said, Bis millies e.i quingenlies sibi deesse, ut nihil ha^ 
beret, i. e. that he was 2,018,229/. : 3 : 4. worse than nothing, A 
sum hardly credible ! Appian. de bell. civ. ii. 432. When he first 
entered Rome in the beginning of the civil war, he took out of the 
treasury 1,095,979/., Plin. xxxiii. 3. and brought into it, at the end 
of the civil war, about 4,843,750/., (amplius sexies millies,) Veil, 
ii. 56. He is said to have purchased the friendship of Curio, at the 
beginning of the civil war, by a bribe of sexcenties sestertium, 
484,373/., Dio. xl.60. Val. Max. ix. 1. 6. Vel. Pcf. ii. 48. and that of 
the consul, L. Paulus, the colleague of Marcellus, A. U. 704, by 1500 
talents, about 279,500/., Appian. B. C. ii. 443. Plutarch, in Cces, 
<J- Pomp. &; Suet. Cces. 29. Of Curio Lucan says, Hie vendidit nr^ 
hem, iv. ult. Venali Curio lingua, i. 269. i id Virgil, as it is thought, 
Vendidit hie auro patriam, .^n. vi. 621. But this Curio afterwards 
met with the fate which as a traitor to his country he deserved, being 
slain by Juba in Africa, Dio. xli. 42. Lybicas en nobile corpus pas- 
cit aves ! nullo contectus Curio busio, Lucan. iv. 809. 

Antony, on the Ides of March, when Csssar was killed, owed 
quadringenties, 322,916/. : 13 : 4, which he paid before the kalends 
of April. Cic. Phil, ii, 37. and squandered of the public money, 
sestertium septies millies, 5,651,041/. * 13 : 4. Cic. Phil, v. 4. xii, 5. 

Cicero at first charged Verres with having plundered the Sicilians 
of sestertium millies, in Coecil, 5. but afterwards exacted only quad- 
ringenties. Actio in Verr. 18. 

Apicius wasted on luxurious living sexceniies sestertium, 484,375/. ; 
Seneca says, sestertium millies in culinam consumpsii, and being at 
last obliged to examine the state of his aifairs, found that he had re- 
maining only sestertium centies, 80,729/, : 3 : 4 ; a sum which he 
thought too small to live upon, and therefore ended his days by poi- 
son, Senec. consol. ad Heh. 10. Martial, iii. 22, Dio. Ivii. 19, 

Pliny says, that in his time Lollia Paulina wore, in full dress, jew- 
els to the value of quadragies sestertium, 32,201/, : 13 : 4, or as 
others read the passage, quadringenties sestertium, 322,916/ : 13 : 4, 
Plin. X. 35. s. 57. 

Julius Caesar presented Servilia, the mother of M. Brutus, with a 
pearl worth sexagies sesttrtia, 48,417/. : 10. Suet. Ccbs. 50, Cleopa- 
tra, at a feast with Antony, swallowed a pearl dissolved in vinegar 
worth centies H. S. 80,729/, : 3 : 4 ; Plin. ibid. Macrob. Sat. ii, 13. 
Clodius, the son of iEsopus, the tragedian, swallowed one worth Je- 
cies 8072/, : 18:4; Val. Max. ix, 1. 2. Horat, Sat. ii. 3. 239. So 
Caligula, Suet. 34, 

* In the year 1791, when this book was first published. All these sums are esti- 
mated iu sterling money. 

53 



418 ROMAN ANTIQUITIES. 

A single dish of ^ sop's is said to have cost an hundred sestertiii, 
Plin.x. 51.S. 72. XXXV. 12. 

Cahgula laid out on a supper, ceniies H. S. — 80,729/. : 3 ; 4. 
Senec. Heh, 9. and Heliogabalus, iricies H. S, — 24,218/. : 15. Lam- 
prid. 27. 

The ordinary expense of Lucullus for a supper in the hall of 
Apollo, was 50,000 drachmce, 1614/. : 11 : 8. Plutarch, in LuculL 

Even persons of a more sober character were sometimes very ex- 
pensive. Cicero had a citron-table which cost him H. S. decies ; 
and bought the house of Crassus with borrowed money for H. S. 
XXXV. i. e. tricies quinquies, 24,218/. : 15. Plin, xiii. 15. vii. 38. Cic, 
Fam. V. 6. 

This house had first belonged to the Tribune M. Livius Drusus ; 
who, when the architect promised to build it for him in such a man- 
ner that none of his neighbours should overlook him, answered, 
" If you have any skill, contrive it rather so that all the world may 
" see what I am doing," Veil. Pat. ii. 14. 

Messala bought the house of Autronius for H. S. ccccxxxvii, 
3527/. : 17 : 3^. Cic. AtL i. 13. 

Domitius estimated his house sexagies sestertia, i. e. at 48,437/. : 
10. Val. Max. ix. 1. 5. The house of Clodius cost centies et quad- 
ragies octies, 119,479/. Plin. xxxvi. 15. s. 24. 

The fish-pond of C. Herius was sold for quadragies H. S. 32,291/. 
: 13 : 4. Plin. ix. 55. and the fish of Lucullus for the same sum, 
Ibid. 54. 

The house-rent of middling people in the time of Julius Caesar, 
is supposed to have been bina millia nummum, 16/. :2 : 11. froni 
Suet. Cces. 38. That of Calius was xxx millia nummum^ 242/. : 3 ; 9. 
and thought high, Cic. del. 7. 

The value of houses in Rome rose greatly in a few years. The 
houseof Marius, which was bought by Cornelia for 7^ myriads of 
drachmcB, 2421/. : 17 : 6. was not long after purchased by Lucullus 
for 50 myriads, and 200 drachma, 16,1.52/. : 5 : 10. Plutarch, in 
Mario. 

The house of Lepidus, which in the time of his consulship, was 
reckoned one of the finest in Rome, in the space of 35 years was 
not in the hundredth rank, (centesimum locum non obiimiit,) Plin. 
xxxvi. 15. s. 24. 

The villa of M. Scaurus being burnt by the malice of his slaves, 
he lost H. S. millies, 807,291/. : 13 : 4. ibid. 

The golden house (aurea damns) of Nero must have cost an im- 
mense sum, since Otho laid out in finishing a part of it quingenties 
H. S. 403,645/. : 16 : 8. Plin. ibid. 

The mXEREST of MONEY. 

The interest of money was called FCENUS, vel/fiww^ ; or USU- 
RA, fructus, merces, vel impendium ; the capital, CAPUT or sors ; 
also FoENus, which is put for the principal as well as the interest. 
Tacit. Ann. vi. 17. Cic. Att. i. 12. v. 21. vi. 1. 2. 

When one AS was paid monthly for the use of a hundred, it was 



THE INTEREST OF MONEY. 419 

called USURA CENTESIMA, because in an hundred months the 
interest equalled the capital ; or asses usur^. This we call 12 
per cent, per annum, as Pliny, d^iodenis assibus deherc vel m^duan, 
Ep. X. 62. V. 55. centesimas computare, Id. ix. 28. which was usual- 
ly the legal interest at Rome, at least towards the end of the Re- 
public and under the first Emperors. Sometimes the double of this 
was exacted, bince centesimce, 24 per cent, and even 48 per cent, qua- 
ternce centesimce, Cic. Verr. iii. 70. Att. vi. 2. Horace mentions one 
who demanded 60 per cent. ; Quinas hie capiti mercedes exsecat ; i. 
e. quintuplices usuras exigit, vel quinis centesimis fataerat. Sat. i. 2. 14. 

When the interest at the end of the year was added to the capi- 
tal, and likewise yielded interest, it was called Centesimce renovatce, 
Cic. Ibid, or ANATOCISMUS anniver sarins, compound interest, 
Id. V. 21. if not, centesimce peryetuce ; or fanus perpetuum, Ibid. 

UsuRiE semisses, six per cent. ; trientes, four per cent. ; quadran- 
tes, three per cent. ; besses, eight per cent, <^c. Cic. Att. iv. 15. Pers. 
V. 149. usurce legitime vel licitcs, legal interest ; illicitae vel iilegi- 
tim(B, illegal, Digest, et Suet. Aug. 39. 

UsuRA is commonly used in the plural, and Foenus in the singu- 
lar. 

The interest permitted by the 12 tables was only one per cent. 
FOENUS UNciARiuM vcl UNciiE usuRJE, Tacit. Ann. vi. 16. (See 
Leoo DuiLiA MiENiA,) which some make the same with usnra cente- 
sima; reduced A. U. 408. to one half, Foenus Semunciarium, Id. 
et Liv. vii. 27. but these, and other regulations, were eluded by the 
art of the usurers, (Fceneratores,) Cic. Att. vi. 1. Off. ii. 24. &25. Sal. 
Cat. 33. Liv. viii. 28. xxxv. 7. 41. After the death of Antony and 
Cleopatra, A. U. 795. the interest of money at Rome fell from 12 
to 4 per cent. Dio. li. 21. 

Professed bankers or money lenders were also called Mensarii 
vel Trapezitce, Argkntarii, Nummularh, vel CoUybistce, Liv. vii. 21. 
Suet. Aug. 2. 3. 4. Cic. Flacc. 19. sometimes appointed by the pub- 
lic, Liv. xxiii. 21. 

A person who laid out money at interest was said Pecuniam aliciii, 
V. apud aliquem occupare, Cic. Flacc. 21. Verr. i. 36. ponere, collo- 
care, &c. when he called it in, relegere, Korat. Epod. 2. ult. 

The Romans commonly paid money by the intervention of a 
banker, Cic. Ccecin. 6. (inforo, et de mensce scriptiira, magis quam ex 
area domoque, vel cista pecunia numerabatur. Donat. in Ter. Adeiph. 
ii. 4. 13.) whose account books of debtor and creditor, {Tabidce vel 
codices accepti et expensi ^ mensce rationes,) were kept with great 
care. Ibid, hence Acceptum referre, Cic. and among later writers, 
acceptumferre, to mark on the debtor side, as received ; Acceptila- 
Tio, a form of freeing one from an obligation without payment ; 
Expensum ferre, to mark down on the Crer/t7or side, as paid or given 
away ; Expensi latio, the act of doing so ; Ratio accepti atque expensi 
inter nos convcnit, our accounts agree, Plant. Most. i. 3. 146. In ra- 
tionem inducere vel in tabulis rationem scribere, to state an account, 
Cic. Verr. i. 42. And because this was done by writing down the 
sura and subscribing the person's name in the banker's book ; 



420 ROMAN ANTIQUITIES. 

hence scribere nnmrnos alicni, i. e. sn per scriptym v. chirographum 
obligare id solvat, to promise to pay, Plant. Asin, ii. 4. 34. ratvmem 
accepti scribere^ to borrow, Id. True, iv. 2. 36. rescrihere, to pay, or 
to pay back what one has received, Tcr. Phorin. v. 7. 29. Horot, 
Sat. ii. 3. 76. so perscrihere, to order to pay, Ter. Phorm. v. 7. 30. 
Cic. Alt. ix. 12. Flacc. 19. whence perscriptio, an assignment or 
an order on a banker, Cic. Oraf. i. .58. .^tt. iv. ult. Phil. v. 4. Flacc, 
30. ./^/Z. xii. 51. Hence also NOMEN is put for a debt, for the 
cause of a debt, or for an article of an account. NOMINA /oce re, 
to contract debt, Senec. hem. i. 1. to give security for payment, by 
subscribing the sum in a banker's books, Cic. Off. iii. 14. or to ac- 
cept such security, Cic. Fam. vii. 23. exigere, to demand payment, 
Cic. Verr. i. 10. So appcllare de nomine, Att. v. 29. dissoherCf to 
discharge, to pay. Id. Plane. 28. solvere, Att. vi. 2. expungere, Plant. 
Cist. i. 3. 41. E.T/>//rarf, Att. J 3. 29. Expedire, 16.6. Transcribere 
nomina in alios, to lend money in the name of others, Liv. 35. 7. 
Pecunia ei est in nominibus, is on loan, Cic. Verr. v. 7. Top. 3. In 
codicis extrema cera nome.n injimum in Jlagitiosa litnra, the last arti- 
cle at the bottom of the page shamefully blotted, Cic. Verr. i. 36. 
Rationum nomina, articles of accounts, lb. 39. In tabulas nomen re- 
ferre, to enter a sum received, Mullis Verri nominibus acceptum 
referre, to mark down on the debtor side many articles or sums re- 
ceived from Verres, Ibid. Hinc ratio cvm Curtiis, mnltis nominibus, 
quorum in tabulis isle habet nullum, i. e. Curtiis nihil expe.nsum tulit 
Verres, Ibid. Hence Cicero, pleading against Verres, often says, 
Recita NOMINA, i. c. res, pevsonas, eausas, in quas ille aui quibus ex- 
pensum iulil, the accounts, or the different articles of an account, Jls' 
con. Cerfis nominibus pecuniam debere, on certain accounts, Cic. 
Quinct. 11. J^on refert parvarwmina in codices, small sums, Cic, Rose, 
Com. 1. Multis nominibus versuram abaliqu0fac€rc,toborrowmtiny 
sums to pay another, Cic. Verr. ii. 76. Permulta nomina, many ar- 
ticles, lb. 5. — Likewise for a debtor ; Ego bonum nomen existimor, 
a good debtor, one to be trusted, Cic. Fam. v. 6. Optima nomina non 
appellando jiunt mala, Cokim. 1.7. Bono nomine centesimis contentus 
erat, non bono qualernas centesimas sperabnt, 12 per cent, from a good 
debtor, 48 from a bad, Cic. Att. v. 21. Nomina sectalur tironum, i. e. 
ut debitor es faciat -oenatur, seeks to lend to minors, a thing forbidden 
by law., Horat, Sat. i. 2. 16. Cautos nominibus certis expenderenum- 
mos, i. e. sub chiro(rrapho bonis nominihu» vel debi t or ibns dare, to lend 
on security to good debtors, Id. Ep. ii. 1. 105. Locare nomen sponsu 
improbo, to become surety with an intention to deceive, Phcedr. i, 16. 
As the interest of money was usually paid on the Kalends, hence 
called TRisTES, Horat. Sat. i, 3. 87. and celeres, Ovid, remed. 
Amor. ,561. a book in which the sums to be demanded were marked, 
was called CALENDARIUM, Senec. benef. i. 2. vii. 10. Ep, 14. 87. 

ROMAN MEASURES of LENGTH, ire. 

The Romans measured length or distance by feet, cubits, paces, 
stadia, and miles. 

The Romans, as other nations, derived the names of measure 



MEASURES OF LENGTH, &c. 421 

chiefly from the parts of the human body ; DIGITUS, a digit, or 
finger's breadth ; Pollex, a thumb's breadth, an inch ; PALM US, 
an hand's breadth, a palm equal to (=) 4 digiti or 3 inches ; PES, 
a foot, = 16 digits or 1*2 inches; Palmifk!?, a foot and an hand 
breadth ; CUBITUS, a cubit, from the tip of the elbow, bent in- 
wards, to the extremity of the middle finger, = U foot, the fourth 
part of a well-proportioned man's stature ; PASSIJS, a pace, = 5 
feet, including a double step, or the space from the place where the 
foot is taken up to that where it is set down, the double of an ordi- 
nary pace, gradus vel gressus, A pole ten feet long {decempeda) 
was called pERTicA,ti perch {quasi Portica, a portando.) The Eng- 
lish perch or pole is 16^ feet. — Una perticd Iraclare, to measure 
Mith the same ell, to treat in the same manner, Plin, Ep. 8. 2. 

Each foot (PES) was divided into 4 palmij or hand-breadths : 
12 pollices, or thumb-breadths, and \6 digihf or finger-breadths: 
Each digitus was supposed equal to 4 barley-corns, {hordei grana,) 
Frontin. de Aqused. i. 2. But the English make their inch only 
three barley-corns. 

The foot was also divided into 12 parts, denominated from the 
divisions of the Roman as ; thus, dodrans, vel spithama, 9 polices, 
or uncim, inches, Suet, Aug. 79. Plin. vii. 2. 

A cubit (CUBITUS, v. -um) was equal to a foot and a half (ses^ 
quipes,) 2 spithamce, 6 pqlmi, 18 pollices, or 24 digiti, 1*ASSUS, a 
pace, was reckoned equal to 5 feet ; Plin. ii. 23. 125. Passus or 
625 feet made a STADIUM or furlong ; and 8 Stadia or 1000 paces, 
or 5000 feet, a mile, (MILLIARIUM, vel -re ; vel MILLE, sc.pas- 
siis, V. passuum ; Cic. Csecin. 10. Alt. iii. 4. Gell. i. 16.) 

The Greeks and Persians called 30 stadia parasanga ; and 2pa- 
rasangs, Schoenos, Herodot. ii. 16. but others diflfer, Plin. v. 10. 
xii. 14. 

The Roman acre (JUGERUM,) contained 240 feet in length, and 
120 in breadth ; that is, 28,800 square feet, Quinctil. i. 10. 42. Varr, 
R, R. i. 10. 1. Plin. xviii. 3, &c. 

The half of an acre was called actus quadratus, consisting of 
120 feet square ; (ACTUS, in quo boxes agerentur cum aratro uno 
impetu justo vel protelo, i. e. uno traclu vel tenore, at one stretch, 
without stopping or turning Plin. xviii. 3. Donat. in Ter. Phorm, 
1. 3. 36. non strigantr.s, without resting, Plin. id. 19. s. 49. Senec, 
ep.3i. Phcsdr. iii. 6. 9. Actus quadratus UNDiq,v e Jinitur pedibus 
cxx. Hoc duplicutum facit jugerum, et abeo, qubd erat junctum, 
nomen jugeri usuvpavit. Col. v. 1. 5. Jugum vocabatur, qudd unojugo 
bourn in die exarari posset, Plin. & Varr. Ibid. 

An English acre contains 40 perches or poles, or 660 feet in length, 
and four poles or 66 feet in breadth. The Scots acre is somewhat 
more than one-fifth larger. 

The Jugerum was divided into the same parts as an as ; hence 
uncia agri, the 12th part of an acre, Varr. de R. R. i. 10. 

ROMAN MEASURES of CAPACITY. 

The measure of capacity most frequently mentioned by Roman 



422 ROMAN ANTIQUITIES. 

authors, is the AMPHORA^ {ex aixcpi et (ps^w, quod vas ejus mensuriz 
utrinque ferretur, duabus ansis,) called also quadrant al, or cadus, 
and by the Greeks mefreta or ceramium, a cubic foot, containinjs; 2 
ufrKCf 3 modii, 8 congii, 48 sextarii^ and 96 hemmce, or coiylm. But 
the Attic amphora, [mdoc:, or metreta,) contained 2 itrnce, and 72 sex- 
tarii. 

The amphora was nearly equal to 9 gallons English, and the sex- 
tariu to one pint and a half English, or one mutchkin and a half 
Scots. 

A sextarins contained 2 hemincc, 4 quar tarii, 8 acetahida, and 12 
cyathi, which were denominated from the parts of the Roman as ; 
thus, calices or cups were called sex t antes, quadrant es, trientes, &c. 
according to the number of cyaihi which they contained. See p. 
381. 

A cyathus was as much as one could easily swallow at once. It 
contained 4 ligidtz, vel lingulce, or cochlearia, spoonfuls, ColumeL 
xii. 21. Plin. XX. 5. Martial, xiv. 120. 

CONGIUS, the eighth of an amphora, was equal to a cubic half 
foot, or to 6 sextarii. This measure of oil or wine, used anciently 
to be distributed by the magistrates or leading men among the peo- 
ple, Liv. XXV. 2. Plin, xiv. 14. Hence CONGIARIUM, a gratui- 
ty or largess of money, corn, or oil, given to the people, Liv, xxxvii. 
57. Cic. Phil. ii. 45. Suet. Cces. 38. chiefly by the emperors, Tacit. 
Annal. xiii". 31. Suet. Cces. 27. Aug. 42. Tib. 20. Dom. 4. or pri- 
vately to an individual, Cic. Fam. viii. 1. Jltt. x. 7. Suet. Vesp. 18. 

A gratuity to the soldiers was called DONATIVUM, Suet. CaL 
46. Jsfer. 7. Plin. paneg. 25. Tacit. Ann. xii. 41. sometimes also con- 
GiARiUM, Cic. Alt. xvi. 8. Curt. vi. 2. 

The congiaria of Augustus, from their smallness, used to be called 
Heminaria, Quinctil. vi. 4. 

The weight of rain water contained in an amphora, was 89 Ro- 
man pounds, in a congius, 10 pounds, and in a sextarius, 1 pound 8 
ounces. 

The greatest measure of things liqufd among the Romans, was 
the CULEUS, containing 20 amphorce. 

Pliny says the ager CcBcubus usually yielded 7 culei of wine an 
acre, i. e. 143 gallons 3| pints English, worth at the vineyard 300 
nummi, or 75 denarii, each culeus, i. e. 2/ : 8 : 5:^, about a halfpenny 
of the English pint, Plin. xiv. 4. Columell. iii. 3. 

MODItJS was the chief measure for things dry, the third part of 
a cubic foot, somewhat more than a peck English. A modius of 
Gallic wheat weighed about 20 librae, Plin. xviii. 7. Five modii of 
wheat used to be sown in an acre : six of barley and beans, and three 
of pease, lb. 24. Six modii were called MEDIMNUS, vel -wm, an 
Attic measure, J^ep. Attic. 2. Cic. Verr. iii. 45. 47. 49. &,c. 

ROMAN METPIOD of WRITING. 

Men in a savage state have always been found ignorant of alpha- 
betic characters. The knowledge of writing is a constant mark of 
civilization. Before the invention of this art, men employed vari- 



METHOD OF WRITING. 423 

ous methods to preserve the memory of important events, and to 
communicate their thoughts to those at a distance. 

The memory of important events was preserved by raising altars 
or heaps of stones, planting groves, instituting games and festivals ; 
and, what was more universal, by historical songs, Tacit, de Mor. 
Germ, 2. 

The first attempt towards the representation of thought was the 
painting of objects. Thus, to represent a murder, the figure of one 
man was drawn stretched on the ground, and of another with a dead- 
ly weapon standing over him. When the Spaniards first arrived in 
Mexico, the inhabitants gave notice of it to their emperor Montezu- 
ma, by sending him a large cloth, on which was painted every thing 
they had seen. 

The Egyptians first contrived certain signs or symbols, called 
Hieroglyphics, (from is^ogw, sacred, and yXuw, to carve.) whereby they 
represented several things by one figure. 

The Egyptians and PhcEnicians contended about the honour of 
having invented letters. Tacit. Ann. xi. 14. Plin. vii. 56. Lucan. iii. 
220. 

Cadmus, the Phoenician, first introduced letters into Greece near 
1500 years before Christ, Herodot. v. 58. then on:y sixteen in num- 
ber, a, jS, 7, 6, s, I, X, X, fA, V, 0, *, ^, c, T, u. To these four were add- 
ed by Palamedes, in the time of the 1'rojan war, &, ^, (p, x? and four 
afterwards by Simonides, ^, % +> "? P^^^- ^ii- 56. s. 57. Hygin. fab, 
277. 

Letters were brought into Latium by Evander from Greece, Ibid, 
& Liv. i. 7. The Latin letters at first were nearly of the same 
form with the Greek, Tacit, ibid. Plin. vii. 58. 

Some nations ranged their letters perpendicularly, from the top 
to the bottom of the page, but most horizontally. Some from the 
right to left, as the Hebrews, Assyrians, &c. Some from right to 
left, and from left to right, alternately, like cattle ploughing, as the 
ancient Greeks ; hence this manner of writing was called (Sadr^ocpyidov, 
But most, as we do, from left to right. 

The most ancient materials for writing, were stones and bricks, 
Joseph, Ant, Jud, 1. 4. Tacit. Ann. ii. 60. Lucan. iii. 223. Thus, 
the decalogue, or ten commandments, Exod. xxxiv. 1. and the laws 
of Moses. Deut. xxvii. 8. Jos. viii. 32. — then plates of brass, Liv, 
iii. 57. Tacit. Ann. iv. 43. or of lead, Plin. xiii. 11. s. 21. Job. xix, 
24. and wooden tablets, Isaiah, xxx. 8. Horat. art. p. 399. Gell. ii. 
13. On these, all public acts and monuments were preserved, Cic, 
Font, 14. Liv. vi. 20. Plin. pan. 54. Horat. od. iv. 8. 13. As the 
art of writing was little known, and rare*/ practised, it behoved the 
materials to be durable. Capital letters only were used, as appears 
from ancient marbles and coins. 

The materials first used in common for writing, were the leaves 
or inner bark (/i6er) of trees ; whence leaves of paper {char tee, folia, 
vel plagulce), and LIBER, a book. The leaves of trees are still 
used for writing by several nations of India. Afterwards linen, Liv* 
iv. 7. 13. 20. and tables covered with wax were used. About the 



424 ROMAN ANTIQUITIES. 

time of Alexander the Great, paper first began to be manufactured 
from an Egyptian plant or reed called PAPYRUS, vel -wm, whence 
our word paper ; or BIB LOS, whence /3i/3Xoff, a book. 

The Papyrus was about ten cubits high, and had several coats or 
skins above one another, like an onion, which they separated with a 
needle. One of these membranes {pMlyra, vel schediB)^ was spread 
on a table longwise, and another placed above it across. The one was 
called a. stamen, and the other subtemen, as the warp and the woof in 
a web. Being moistened with the muddy water of the Nile, which 
served instead of glue, they were put under a press, and after that 
dried in the sun. Then these sheets, {plagnla, vel schedce,) thus pre- 
pared were joined together, end to end, but never more than twen- 
ty in what was called one SCAPUS, or roll, Plin, xiii. II. s. 21. 

The sheets were of different size and quality. 

Paper was smoothed with a shell, or the tooth of a boar, or some 
other animal : Hence charla denlata, smooth, polished, Cic, Q.fr, ii. 
15. The finest paper was called at Rome, after Augustus, Augusta 
regia 'y the next Ltviana ; the third Hieratica, which used ancient- 
ly to be the name of the finest kind, being appropriated to the sa- 
cred volumes. The Emperor Claudius introduced some alteration, 
so that the finest paper after him was called Claudia. The inferior 
kinds were called Amphithealrica, Saitica, Leneolica, from places 
in uEgypt where paper was made ; and Fanniana from Fannius, 
who had a noted manufactory {officma) for dressing ^Egyptian pa- 
per at Rome, Plhu ib. 

Paper which served only for wrappers, (invohicra vel segestria, 
sing, e.) was called Emporetica, because chiefly used by merchants 
for packing goods, Plin. xiii. 12. coarse and spongy paper, Scabra 
Bibulaque, P/m. Ep, viii. 15. 

Fine paper of the largest size was called MACROCOLLA, sc. 
charta as we say, royal or imperial paper, and any thing written on 
it, Macrocollum, sc. volumen. Ibid. & Cic. Att. xiii. 25. xvi. 3. 

The exportation of paper being prohibited by one of the Ptole- 
mies, out of envy against Eumenes, king of Pergamus, who endea- 
voured to rival him in the magnificence of his library, the use of 
parchment, or the art of preparing skins for writing, was discoveied 
at Pergamus, hence called PERGAMENTA, sc. charta, vel Mem- 
BRANA, parchment. Hence also Cicero calls his four books of Aca- 
demics, quatuor dicp^s^ioLty i. e. libri e membranis facti, Att. xiii. 24. 
Some read 6icp^s^ai, i. e. pelles, by a metonymy, for libri pellibus 
iecti, vel in pellibus scripti. See Manutius. Diphthera Jovis is the 
register book of Jupiter, made of the skin of the goat Amalthea, 
by whose milk he was nursed, on which he is supposed by the poets 
to have written down the actions of men. Whence the proverb, 
Diphtheram sera Jupiter inspexil ; and Jlntiquiora diphthera, Erasm, 
in Chiliad. Vid. Polluc. vii. 15. Mlian, ix. 3. To this Plautus beau- 
tifully alludes, Rud, proL 21. 

The skins of sheep are properly called parchment ; of calves 
VELLUM, {quasi Vitulinum, sc. corium.) 



METHOD CF WRITING. 

Most of the ancient manuscrif ts which remain a: e written on 
parchment, a few on the papyniff. 

Egypt having fallen under the dominion of the Arabs in the se- 
venth century, and its commerce with Europe and the Constantino- 
politan empire being stopped, the manufacture of paper from the pa- 
pyrus ceased. The art of making paper from cotton or silk, (charta 
bomhycina,) was invented in the east about the beginning of the tenth 
century ; and in imitation of it, from linen r^gs, in the fourteenth 
century. Coarse brown paper was first manufactured in England, 
A. 1588; for writing and printing, A. 1690; before which time 
about 100,000/. are said to have been paid annually for these articles 
to France and Holland. 

The instrument used for writing on waxen tables, the leaves or 
bark of trees, plates of brass or lead, &c. was an iron pencil, with a 
sharp point, called STYLUS, or GRAPHIUM. Hence Slilo ah- 
slinto, 1 torbear writing, Plin. Ep. vii. 21. On paper or parchment, 
a reed sharpened and split in the point, like our pens, called CA- 
LAMUS, Arvsdo, Jistu/(t vel canna, which they dipt in ink, {atra- 
mento intiugebanf.) as we do our pens, C/V. Jtt. vi. 8. Jid. Q.fr. ii. 
15. Ptrs. iji. IL 6z 14. Ihral.Jirt, p. 2t6. Plin. xvi. 36. s. 64. 

Ski'ia, the cuttle-fish, is [)ut for ink, Per.*-, ib. because when afraid 
of being caught, it emiJs a black matter to conceal itself, which the 
Romans sometimes used for ink, Ck, de J\af. L). ii. 20. Ox^d. Ha- 
lieut. 18. 

The ordinary writing materials of the Romans were tablets co- 
%'cred with wax, paper, and parchment. Their Mus was broad at 
one end ; so that when they wished to correct any thing, they turn- 
ed the stilus, and smooliied the wax with tlie broad end, that they 
might write on it anew : Hence sape st'dum verias, make frequent 
correction.s, Horat. Sal. i. 10. 72. 

An author, while composing, usually wrote first on these tables 
for the convenience of making alterations ; and when any thing ap- 
peared sufficiently correct, it was transcribed on paper or parch- 
ment, and published, Moral. Sat. ii. 3. 2. 

It seems one could write more quickly on waxen tables than on 
paper, where the hand was retarded by frequently dipping the reed 
in ink, Quinctilian. x. 3. 30. 

The labour of correcting was compared to that of working witli a 
file, {Limit labor ;) lience opus limare, to polish. Cic. Oral. i. 25. Ii- 
mare de aliquo, to lop off redundancies. Id. iii. 9. supremam limam 
operiri, to wait the last polish, Plin, ep. viii. 5. lima morducius nti, to 
correct more carefully, Orid. Pont. i. 5. 19. lAber rasus lima, ami- 
ci, polished by the correction of a friend, id. ii. 4. 17. ultima lima 
dt'fuit meis scriplis, Ovid. Trist. i. 6. 30. i. e. summa manus operi 
defuit vel non imposila est, the last hand was not put to the work, it 
was not finished ; metaph. vel transiaf. a ^.icturf/, quam mauvs com- 
plei atqne ornal suprema, Serv. in Virg. Mi\. \v. 572. or of beating 
on an anvil ; thus. El male tornaios (some rei\d forma I os) incudi red- 
dere versus, to alter, to correct, Horat. Art. p. 44 L uno opere 
eandcm incudem diem noctemque lundere, to be always teaching the 

54 



42:) ROMAN ANTIQUITIES. 

same thing, Cic Oraf. ii. 39. Ahlaium mediis opus est incudihus 
illiid, thii work was published in an imperfect state, Ovid. Ibid. !29. 

The Romans used also a kind of blotting or coarse paper, or 
parchment, {rharla deletitin) called PALiMhEsros, (a -sjaXjv, rursus,eX 
■v^ctv), null),) vel pnlinxestJis, (a ^sw, rndo,) on which they might easily 
erase (delere) what was written, and write it anew. Martial, xiv. 7. 
Cic. Fam. vii. 18. But it seems this might have been done on any 
|)archment, Hnrai. .^rt. p. 389. They sometimes varied the expres- 
sion by interlining, {suprascripto,) Plin. ep. vii. 12. 

The Romans used to have note-books, (ADVERSARIA, -orvm.) 
in which they marked down memorandums of any thing, that it might 
not be forgotten, until they wrote out a fair copy ; of an account, for 
instance, or of any deed, {ut ex its Justus tabulce corificerentur^) Cic. 
Rose. Com. 2. & 3. Hence referre in adversaria^ to take a memo- 
randum of a thing, ib. 

The Romans commonly wrote only on one side of the paper or 
parchment, and always joined {a^glutinabant) one sheet (scheda) to 
the end of another, till they finished what they had to write, and 
then rolled it up on a cylinder or staff; hence VOLUMEN, a vo- 
lume, or scroll ; evolvere libritm, to open a book to read, Cic. Tusc. 
i. 1 J . Top. 9. animi sui conipUcatam nolionem evolvere, to unfold, to 
explain, Off. iii. 19. 

An author generally included only one book in a volume, so that 
usually in a work there was the same number of volumes as of 
books. Thus Ovid calls his 15 books of Metamorphoses, mutaia ter 
quinque volnmina formcB, Trist. i. 1. 117. So Cic. Tmc. iii. 3. Att, 
ix. 10. Fam. xvi. 17. When the book was long, it was sometimes 
divided into two volumes : thus, Studiosi Ires, \. e. three books on 
Rhetoric, ui 5ex volumina propter amplitudinem divisifFVm. ep. iii, 
5. Sometimes a work, consisting of many books, was contained in 
one volume ; thus, Homerus iotus in imo volumine, i. e. forty-eight 
books, Ulpian. I. 52. D. de legal, iii. Hence annosa volumina 
xaluni, aged booka, Horat. ep. ii. 1. 26. Peragere volumina, to com- 
pose, Plin. ib. 

When an author, in composing a book, wrote on both sides (in 
utraque pagina) of the paper or parchment, it was called OPISTO- 
GRAPHUS, vel -on, Plin. ib, i. e. scriptus et in tergo, (ex o's-ktSsv, a 
tergo, et y^a^w, scribo,) Juvenal, i. 1. 6. in chartd aversa, Martial, 
viii. 62. in very small characters, (minutissimis, sc. Uteris,) Plin. ib. 

When a book or volume was finished, a ball or boss (bulla) of 
wood, bone, horn, or the like, was affixed to it on the outside, for se- 
curity and ornament, (ad conservationem et ornatum,) called UMBI- 
IJCIJS, from its resemblance to that part of the human body ; hence 
Ad umbilicnni adducere, to finish, Horat. Epod. xiv. 8. ad umbilicos 
pervenirc, Martial, iv. 91. Some suppose this ornament to have 
been placed in the middle of the roll, Schol. in Horat. but others, at 
the end of the stick, {bacillus, vel surculus,) on which the book was 
rolled, or rather at both ends, called Cornua, Ovid. Trist. i. 1. 8. 
Martini, xi. 108. hence we usually find umbilici in the plur. CalulL 
XX. 7. Martial, i. 67. iii. 2. 5. 6. viii. 61. and in Statins, Silv. iv. 9. 8. 
binis umbilicis decoratus liber. 



METHOD OF WRITING. 427 

Umbilicus is also put for the centre of any thing, as navel in 
Enghsh ; thus, Delphi umbilicus GrcedcBy Liv. xxxv. 18. — 41. !23. 
i}rbis terrarumy Id. xxxviii. 47. Cic. divin. ii. 50. ISo Cic. Vtrr, iv. 
48. CulilicB lacuSy in quo finctuet insula, Ualim umbilicus j Phn. iii. 13. 
s. 17. and for a shell or pebble, Cic. Orat. ii. 6. 

The Romans usually carried with them, wherever they went, 
small writing tables, called PUGILLARES, vel -in {quod non ma- 
jores, erant quam qua) pugno, vel pugillo comprehenderentur, vel 
quod in iis stilo pungendo scribebatnr), by Homer, -Trjvaxsc:, //. vi. 169. 
hence said to have been in use before the time of the Trojan war. 
Plin, xiii. 11. on which they marked down any thing that occurred, 
Plin, ep, i. 6. Ovid, MeL ix. 520. either with tlieir own hands. Plin, 
viii. 9. or by means of a slave, called from his office, NOTARIUS, 
Id. iii. 5. or Tablllarius, Cic. PhiL ii. 4. 

The pugillarcs were of an oblong form, made of citron, or box- 
wood, or ivory, also of parchment, covered with coloured or white 
wax, Ovid. Amor. i. 12. 7. Martial, xiv. 3. contaming two leaves, 
{duplices, Siirrvxoty) three, four, five, or more. Martial, ib. with a 
small margin, raised all round, as may be seen in the models of them 
which still remain. They wrote on them (cxarabant) with a stilus ^ 
hence Ceris et stylo incumbere, for in pugillaribus scribere, Plin. Ep. 
vii. 27. Remittere stilum, to give over writing, ih. 

As the Romans never wore a sword or dagger in the city, Plin. 
xxxiv. 14. s. 39. they often, upon a sudden provocation, used the 
graphium or stilusy as a weapon. Suet. Ccbs. 12. C. 28. CI. 15. 3.5. 
Senec. de clem. i. 14. which they carried in a case, {theca calamaria^ 
aut graphiaria, vel graphiarium,) Martial, xiv. 2L Hence proba- 
bly the stiletto of the modern Italians. 

What a person wrote with his own hand, was called CHIRO- 
GRAPHUS, vel -wm, Cic, Fam. xii. 1. xvi. 21. Suet. Jul. 11. Aug. 
87. which also signifies one's hand or hand-writing, Cic. Phil. ii. 4. 
Fam. ii. 13. x. 21 Att. ii. 20. Mtt. D. ii, 74. Versus ipsius chiro- 
grapho scriptiy with his own hand, Sud. JS''er. 52. Chirographum 
alicujus imitari. Id. Aug. 64. Tit. 3. 

But chirographum commonly signifies a bond or obligation which 
a person wrote, or subscribed with his own hand, and sealed with 
his ring, Juvenal, xiii. 137. Suet. Cnl. 11. W^hen the obligation was 
kept by both parties, and a copy of it kept by each, as between an 
undertaker and his employer, &:c. it was called SYNGRAPHA, -us, 
vel -u/n, Ascon. in Verr. i. 36. Plant. Asin. iv. 1. which is also put 
for a passport or furlough, Plant. Cap. ii. 3. 90. 

A place where paper and implements for writing, or books, were 
kept, was called SCRINIUM. vei C APSA, an escriloir, a box or case, 
(arcuhy vel loculus,) Horat. Sat. i. 1. f 4. 22. and 10. 63. common- 
ly carried by a slave, who attended boys of rank to school, Juiennl. 
X. 117. called Capsakius, Suet. J^ir. 36. or Li!'.rarius, /.'/. CI. 3.5. 
together with the private instructor, P^dvgogus, Ibid, also lor the 
most part of servile condition. Plant. Bacch. 1. 2. distinguished from 
the public teacher, called PlliECEPTOR, Plin. £>. iv. 13. Senec. 
de Ir. ii. 22. Doctoii, vel Magi>trr, Id. paneg. 47. but not proper- 
ly DouiNus, unless used as a title of civility, as it sometimecs was. 



428 ROMAN ANTIQUITIES. 

Suet. CI. 21. Tacit. Arm. ii. 87. especially to a person whose nam^ 
was unknown or forgotten, as Sir among us, Se.nec. fp. iii. 47. thus, 
DoMiNA is used ironically for mistress or madam, Trr. Htaut. iv. I. 
IT). Augustus would not allow himself to be called Dominus, Snet. 
53. nor Tiberius, Id. 27. because that word properly signifies a mas- 
ter of staves, (qui domi prmest vcl imperat,) Ter. Eun. iii. 2. 33. An 
under-teacher was called Hypodidascui.us, Cic Fam. ix. 18. 

Boys of inferior rank carried their satchels and books themselves, 
(/flpro suspensi loctilos iahulamque. iacerto,) Ilor. Sat. i. 6. 74. 

When a book was all written by an author's own hand, and not 
by that of a transcriber, {manu librarii,) it was called AUTOGRA- 
PHUS, Smt. Aiig.li. 87. or Idio^rdphus, Gell. ix. 14. 

The memoirs which a person wrote concerning himself or his ac- 
tions, were called Comment ARM, Ccts. ^. Cic. Brut. 75. Suet. Cfts, 
56. Tif). 61. also put for any registers, memorials, or journals, {Dia- 
ria ephemerides. acta diurna, cf/f.) Cic. Fam. v. 12. f. viii. 11. Phil, 
i. 1. Verr. v. 21. Liv. i. 31. & 32. xlii. 6. Suet. Aug. 64. Plin. ep. 
vi. 22. X. 96. Memorandums of any thing, or extracts of a book, 
were called Hi/pom)iemata, Cic. Att. xvi. 14. 21. Also CoxMmknta- 
Rii, electorum vel exctrptorum, books of extracts, or common-place 
books, Piin. fp. iii. 5. 

When books were exposed to sale by booksellers, {hihliopola,) 
they were covered with skins, smoothed with pumice stone, Hurat. 
ep.\. 20. Plin. xxxvi. 21. s. 42. Catull. xx. 8. TibvlL iii. 1. 10. 

When a book was sent any where, the roll was tied with a thread, 
and wax put on the knot, and sealed ; lience fignata volumina, IIo- 
rat. ep. i. 13. So letters, Cic. Cat. iii. 5. The roll was usually 
wrapt round with coarser paper, or parchment, Plin, xiii. 1 1. or with 
part of an old book, to which Horace is thought to allude, Ep. i. 20. 
13. Hence the old Scholiast on this place, Ficnt ex te. opislogra- 
pha literarum, so called, because the inscription written on the back 
showed to whom the letter or book was sent. 

Julius Caesar, in his letters to the senate, introduced the custom of 
dividing them into pages, (paginre,) and folding them into the form of 
a pocket-book, or account- book, llibcllis memorialise vel rationalis,) 
with distinct pages, like our books; whereas formerly Consuls and 
Generals, when they wrote *r> the senate, used to contmue the line 
quite across the sheet, (transversa chartX) without any distinction of 
pages, and roll them up in a volume. Suet. dts. 56. Hence, after 
this, all applications or requests to the emperors, and messages from 
them to the senate, or public orders to the people, used to be written 
and folded in this form, called LIBELLl, Seep. 20. Smt. Aug. xlv. 
53. Tib. xviii. 66. CI. 15. K l.^. Domit. IT. Martial, viii. 31. 82. or 
Ci^DicM.Li, Tacit. Ann. xvi. 24. Suet. Tib. xxii. 42. Cat. 18. CI. 29. 
rarely used in the singular ; applied chiefly to a person's last will. See 
p. 61. also to writing tables, the same with pugil lares, or to letters 
wri ten on them, Cic. Phil. viii. 10. Fam. iv. 12. vi. 18. ix. 26. Q. 
fr. ii. II. Suei. C/..5. .y. 49. 

A writ conferring an f'xclusive r-Tfht or privilege was called DI- 
PLOMA, (i. e. iibellus duplicatus, vel d>iorum foliorum^ consisting 
of two leaves, written on one side,) granted by the Emperor, or any 



METHOD OF WRITING. 429 

Roman magistrate, similar to what we call Letters paienty i. r. open 
to the mspection of all, or a palenf, Cir. Fam. vi. 1*2. Att. x. 17. P.s. 
37. Senec. ben. vii. 10. Suet. Aug. 50. Cal. 38. Ner. 12. 0th. 7. 
given particularly to public couriers, or to those who wished to get 
the use of the public horses or carriages for despatch, Plin. ep. x. 
54.55. 121. 

Any writing, whether on paper, parchment, tablets, or whatever 
materials, folded like our books, with a number of distinct leaves 
above one another, was called COOEX, {qmsi caudex, plunum la- 
huLirum cnntexlus, Senec. de brev. vit. 13. Cic. Ver. i. 36. 46. «fe 
Ascon. in loc.) particularly account-books ; inhuUn, vel Cudk-ks, wc- 
cepti et expensiy Cic. Rose. Com. i. 2, &c. Verr. ii. 61. Hhri or /j- 
billi. Thus we say, llutr and volinrK^n, of the same thing, Quinctil. 
ix. 4. f. libir frrnndi volumine,, Gell. xi. 6. but not codex. Legere 
vel recilare suum rodlcem, the crime of the tribune Cornelius, who 
read his own law from a book in the assembly of the people, when 
the herald and secretary, whose office that was, (See p. 85. & 1.54.) 
were hindered to do it by the intercession of another tribune, Ascon, 
in Coared. Cic. Val. 2. Q d ulil. iv. 4. Hence, in after times, Codex 
was applied to any collection of laws. Set p. 191. 

All kinds of writings were called LITERS, Cic. passim : Hence 
QuAM VELLEM NES.:iRE LI TEiiAS, 1 wish 1 could uot wrilc, Surt. jYer. 
10. Senec. Clem. 1. but Uteris is most frequently applied to epistola- 
ry writing -5, (E PISTOLS, vel rharlce episloiares,) Cic. Ur;ed in this 
sense by the poets, also in the sing. Ovid. Pont. i. 7. & 9. ii. 7. iv. 
8. E). xviii. 9. xix. fin. <!ir xx'i.fin. so in a negative form, Cic. AlL 
xiii. 39. F\im. ii. 17. Arch. 8. Verr. i. 36. or for one's hand-writing, 
{mnnus,) Cic. Att. vii. 2. But in prose, lilera commonly signifies a 
letter of the alphabet. 

Epistolv was always sent to those who were absent, Cic. Q. fr. 
\. I. 13. iii. I. 3. Fam. i. 7. ii. 4. Co'ju.illi were also given to those 
present, Tacit. Ann. iv. 39. Sauc. ep. 55. So LiHELr.i, Suet. Au^. 84. 

The Romans, at least in the lime of Cicero, divided their letters, 
if long, into pages, Cic. Att. vi. 2. Q. fr. i. 2. 3. Fam. ii. 13. xi, 
2.>. and folded them in the form of a little book, Senrc. ep. 4.5. tied 
them round with a thread, [lino ohli^^abanl^) Cic. Cat. iii. 5. Ovid, 
ep. xviii. 28. as anciently, Kep. Pans. 4. Cnrt. vii. 2. covered the 
knot with wax, or with a kind of chalk (creta,) Cic, Flacc. 16. Verr. 
iv. 26. and sealed it, {obsi^nabunt,) Plant. Bacch. iv. 4. 64. 96, first 
wetting the ring with spittle, that the wax might not stick to it, Ovid. 
Trist. V. 4. 5. Amor. ii. 15. 15. Juvenal, i. 68. Hence epistolam 
vel litems resignare, nperire, vel solvere, to open, J^ep. liann. 11, 
Cic. Att. xi. 9. resotvere, Liv. xxvi. 1.5. If any small postcript re- 
mained, after the page was completed, it was written crosswise {trans- 
versim) on the margin, Cic. Att. v. 1. 

In writing letters the Romans always put their own name first, and 
then that of the person to whom they wrote, Anson, ep. 20. some- 
times with the addiiion of SUO, as a mark of familiarity or fondness, 
Cic. <S' Plin. Martial, xiv. 11. if he was invested with an office, that 
likewise was added ; but no epithets, as among us, uiiles.s to particu- 



430 ROMAN ANTIQUITIES. 

lar friends, whom they sometimes called Humamssimif optimi, did' 
cissimi, animfp. suce^ &c. Cic\ & Plin. passim. 

They always annexed the letter S. for SALUTEM, sc. dlcit, 
wishes health ; as the Greek, x"^^^^'^-> <^'* ^^^ ''^^^ • so Horace, E/>. 
i. 8. Hence salutem alicui mittere. Plant. Pseud, i. 1. 39. Ovid. Her. 
xvi. 1. xviii. 1. &c. mulium,\(d\ plnnmam direre, adscribere, dare, 
impertire, nuntiare, referre^ &c. as we express it, to send compliments, 
&c. Cic, Fam. xiv. I. Jilt. xvi. 3. 

They used anciently to begin with, Si vales, bene est, vel gau- 
DEO, EGO VALEO, Scnec. €p, i. 15. PUii, ep. i. 1 1. C/V. Fam. v. 9. 10. 
xiv. 8. 11. &c. which they often marked with capital letters, Hirt, 
B. Hisp.'Z^. They ended with Vale, Ovid. Trist. v. 13. 33. Cur a 
UT valeas ; sometimes ave or salve to a near relation, with this 
addition, mi AxMmk, mi suavissime, &c. They never subscribed their 
name, as we do, but sometimes added a prayer for the prosperity of 
the person to whom they wrote ; as, Deos of)secro ul te conservent, 
Suet. Tib. '21. which was always done to the Emperors, Dio. Ivii. 
II. and called Subsckiitio, Suet. Tib. 32. The day of the month, 
sometimes the hour, was annexed. Suet. Avg. 50. 

Letters were sent by a messenger, commonly a slave, called TA- 
BELLARIUS, Cic for the Romans had no established post. There 
sometimes was an inscription on the outside of the letter, sometimes 
not, Plutarch, in Dione. When Decimus Brutus was besieged by 
Antony at Mutina, Hirtius and Octavius wrote letters on thin plates 
of lead, which they sent to him by means of divers, {urinatores,) and 
so received his answer, DIo. xlvi. 36. Front in. iii. 13. 7. Appian 
mentions letters inscribed on leaden bullets, and thrown by a sling 
into a besieged city or camp, Mithrid. p. 191. See Dio. «1. 9. li. 10. 

Julius Caesar, when he wrote to any one what he wished to keep 
secret, always made use of the fourth letter after that which he ought 
to have used ; as d for a, e for e, ^c. Suet. Caes. .56. Dio. xl. II. 
Augustus used the letter following, Dio. li. 3. as b for a, and c for 
B ; for 2, crff, Suet. Aug. 88. Isidor. i. 24. So that those only could 
understand the meaning, who were instructed in their method of 
writing. Gel. xvii. 9. 

The Romans had slaves or freedmen who wrote their letters, call- 
ed ab efts roLis, Sue I. Claud. ^2S. (a mam;, vel amanuenses,) Svet, 
Ctes. 74* .,^yg. 67. Fesp. Tit, \.2. and accounts, (rationibus, vel 
ratiocinatores, Cic. Att. i. 12. Suet. Claud. 28.) also who wrote 
short-hand, (Actuarii, Suet. Jul. 55. vel Notarm, Senec. Ep. 90.) 
as quickly as one could speak ; Currant verba licet, manus est veio' 
cior illis. Martial, xiv. 208. on waxen tables, .^vson. Fp. 146. 
17. Manil. iv. 19.5. sometimes put for amanuenses, Plin. Ep. iii. 5. 
ix. 36. who transcribed their books, (Librarii,) CicJitt. xii. 3. Liv, 
xxxviii. 55. who glued them, (glutinatores, Cic. Jitl. iv. 4. vul- 
garly called librorvm concinnatores vel compactores, /3iSXio'?r>]yoi, book- 
binders ;) polished them with pumice stone, {pumice poliebant, vel 
laevigabant, Ovid. Trist. i. 1. 9. iii. 1. 13.) anointed them rvith the 
juice of cedar, {cedro illinebaut.) to preserve them from moths and 
rottenness, {a tineis el carie,) Ibid. & Plin. xiii. 12. Martial, iii. 2. v. 
6. viii. 61. Hence carmina cedro linenda, worthy of immortality^ 



LIBRARIES. 431 

Horal, Art. p. 332. So Pers. i. 42.) and marked the thles or index 
with vermilion, (Minium, v. annabnris, Ovid. Ibid. Plin. xxxiii. 
7.) purple, {coccus vel purpura,) Maitial. ib. red earth, or red 
ochre, {rubrlca.) see p. 192. who took cire of their Hbrary, (a p.ib- 
LioTHECA,) C. Fam. xiii. 77. assisted them in tlieir studies, (a siu- 
DMS, Suf.L Cal. 28.) read to them, (Anagnus ive, sing, -e.?, Cic. Att. 
i. 12. Fam. v. 9. Nep. Att. 14. Lector es, Suet, Aug. 78. Plin, Ep, 
viii. 1.) 

The freedmen, who acted in some of these capacities under the 
Emperors, often acquired great wealth and power. Thus Narcissus, 
the secretary {ab epistoUs, vel secretis,) of Claudius, and Pallas, the 
comptroller of the household, {a mtionibus,) Suet. Claud. 28. So 
the master of requests, (a iihellis,) Suet. Dom. 14. Tacit. Ann. xv. 
35. xvi. 8. 

The place where paper was made was called OFFICINA charia. 
ria, Plin. xviii. 10. where it was sol(J, TABERNA ; and so Or- 
FiciN>E ARMORUM, Cic, Phil. \'i\. 4. CvcLOPUM, workhouscs, 
Horat. i. 4. 8. Safienti^e, Cic. legs;, i. 13. omnium artium^ eiof^ueri' 
tiiVf vel dicendif schools, Id. Oral. 13. Fin. v. 3. But officina <^ ta- 
berna are sometimes confounded, Plin. x. 43. s. 60. 

A warehouse for paper, or books, or any merchandise, Afotiieca ; 
a bookseller's shop, Taberva likraria, Cic. Phil. ii. 9. or simply 
Librarian Gell. v. 4. Librarium, a chest for holding books, Cic, 
MilL 12. 

The street in Rome, where booksellers (biliopdlce) chiefly lived, 
was called Argiletus, Marl. i. 4. or that part of the forum or street, 
called Ja.vus ; where was a temple or statue of the god Vertumnus, 
Horat. Ep. I 20. 1. 

LfBRARIES. 

A great number of books, or the place where they were kept, 
was called BIBLIOTHECA, a library, Festm. 

The first famous library was collected by Ptolemy Philadelphus 
at Alexandria in Egypt, B. C. 284. containing 700,000 volumes, 
Gell. vi. 17. the next, by Attalus, or Eumenes, king of Pergamus, 
Plin, xiii. 12. 

Adjoining to the Alexandrian library, was a building, called MU- 
SEUM, (i. e. domicilium, specus vel templvm musis dicatum,) Plin. 
Ep. i. 9. for the accommodation of a college or society (tfuvoJo.c) of 
learned men, who were supported there at the public expense, with 
a covered walk and seats, {exedrce,) where they might dispute, S/rrt6. 
17. An additional museum was built there by Claudius, Suet. Claud. 
42. Museum is used by us for a repository of learned curiosities ^ as 
it .«eems to be by Pliny, xxvii. 2. s. 6. 

A great part of the Alexandrian library was burnt by the flames of 
Caesar's fleet, when he set it on fire to save himself, Plutarch, m Cces. 
4' Dio, 42. 38. but neither Caesar himself nor Hirtius mention this 
circumstance. It was again restored by Cleopatra, who, for that 
purpose, received from Antony the library of Pergamus, then con- 
sisting of 200,000 volumes, Plutarch, in Anton, It was totally de- 
stroyed by the Saracens, A. 642. 



432 ROMAN ANTIQUITIES. 

The first public library at Rome, and in the world, as Pliny ob- 
serves, was erected by Asinius Pollio, Pl'm. vii. 30. xxxv. 2. in the 
Jtriuniy of the temple of Liberty, Ovid. 'Frist, iii. i. 71. on Mount 
Aventine, J\Jurt. xii. 3. .3. 

Augustus founded a Greek and Latin library in the temple of 
Apollo on the Palatine hill, Siiet. 39. Dio, liii. l. and another, in 
name of his sister Octavia, adjoining to the theatre of Marcellus, 
Plutarch, in Marceil. Ovid. 7rist. iii. 1. 60. & 69. 

There were several other libraries at Rome ; in the Capitol, Suet. 
Dom. !20. in the temple of Peace, Ge.ll, xvi. 8. in the house of Tibe- 
rius, Gell. xiii. 18. &lc. But the chief was the Ulpion library, insti- 
tuted by Trajan, GeJI. xi. 17. which Dioclesian annexed as an orna- 
ment to his Thermce, Vopisc. in Prob. 2. 

Many private persons had good libraries, Cic. Fam. vii. 28. Q.fr, 
iii. 4. Atl. iv. 10. Plutarch, in Lucull. S<'ru'C. dti tranq. 9. Horat. od. 
i. 29. 13. particularly in their country villas, Cic. Fin. iii. 2. MartiaL 
vii. iQ. PI in. ep. ii. 17. 

Libraries were adorned with statues and pictures, Sud. Tth. 70. 
Plin. ep. ill, 7. iv. 28. particularly of ingenious and learned men, 
Plin. xxxv. 2. Juvenal, ii. 7. the walls and roofs with glasses, Bocth, 
Consol. Plin. xxxvi. 25. Senec. ep. 86. Slat. Silv. i. 5. 42. The 
books were put in presses or cases, (Aa.MAKi v vel caps^,) along the 
walls, which were sometimes numbered, l^opisc. Tac. 8. called also 
FoRULi, Suet. Aug. 31. Juvenal, iii. 219. Loculamevta, Senec. tranq* 
9. Nidi, Martial, i. 118. but these are supposed by some to denote 
the lesser divisions of the cases. 

The keeper of a library was called aBiBLioTHECA ; Bibliotheca- 
rius is used only by later writers. 

HOUSES OF TOE ROMANS. 

The houses of the Romans are supposed at first to have been no- 
thing else but cottages, {casce, vel tuguria,) thatched with straw, 
Ovid. Amor. ii. 9. 18. hence CULMEN, the roof of a house, (quod 
culmis legebatur,) Serv. in Virg. Eel. i. 6. Mn. viii. 654. 

After the city was burnt by the Gauls, it was rebuilt in a more so- 
lid and commodious manner; but the haste in building prevented at- 
tention to the regularity of streets, Liv. v. 55. Diodor. xiv. 1 19. 

The houses were reared every where without distinction, nulla 
dislinctione pasnm erectce,) Tacit. Ann. xv. 43. or regard to proper- 
ty, [omisso sui alicnique discriniine,adt'd vt forma nrhis caset occupatm 
mngis, quam divisce similis,) where every one built in what place he 
chose, Liv. ib. and, till the war with Pyrrhus. the houses were cover- 
ed only with shingles, or thin boards, (SCANDULiE, vel scindulce, 
i. e. tabelloi, inparvas lamina.^ scisscs,) Plin. xvi. 10. s. 1.5. 

It was in the time of Augustus that Rome was first adorned with 
magnificent buildings ; hence that Emperor used to boast, that he 
had found it of brick, but should leave ii of marble ; Marmoreani .^ 
reiiaquere, quam laleritiam accepisset. Suet. Aug. 29. The streets 
however, still were narrow and irregular, Sciet. Mr. 38. Tacit. Amu 
xv. 38. and private houses, not only incommodious, but even dange- 
rous, from their height, and being mostly built of wood, Juvenal, iii* 



HOUSES OF THE ROMANS. 433 

193. &c. Scalis hahiio Irihus, sed altis, three stories high, Martial, i 
118. 

In the time of Nero, the city was set on fire, and more than two- 
thirds of it burnt to the ground : of fourteen wards [re.giones)^ into 
which Rome was divided, only four remained entire, Tacit. Ann, xv. 
40. Nero himself was il.ought to have been the author of this con- 
flagration. He beheld it from the tower of Maecenas, and dchghted, 
as he said, with the beauty of the fl: .ne, played ike inking of Troy, 
drest like an actor. Suet. 38. Tacit, Ann. xv. 39. 40. 44. 

The city was rebuilt with greater regularity and splendour. The 
streets were made straight and broader. The areas of the houses 
were measured out, and their height restricted to 70 feet, as under 
Augustus, Strah. v. p. 162. Each house had a portico before it, 
fronting the street, and did not communicate with any other by a 
common wall as formerly. It behoved a certain part of every house 
to be built of Gabian or Alban stone, which was proof against fire, 
{ignibus impervius,) Tacit. Ann. xv. 53. 

These regulations were subservient to ornament as well as utility. 
Some, however, thought that the foraier narrowness of the streets, 
and height of the houses, were more conducive to health, as prevent- 
ing by their shade the excessive heat, Ibid, 

Buildings, in which several families lived, %vere called INSUL.'E ; 
houses in which one family livedfDOMUS, vel ^Edes frivatze, 
Suet. J^er. xvi. 38. 44. Tacit. Ann. vi. 45. xv. 41. See p. 55. 

We know little of the form either of the outside or inside of Ro- 
man houses, as no models of them remain. The small house dug out 
of the ruins of Pompeii bear little or no resemblance to the houses 
of opulent Roman citizens. 

The principal parts were, 

1. VESTIBULUM, which was not properly a part of the house, 
but an empty space before the gate, through which there was an ac- 
cess to it, Gell. xvi. 5. Cic. CcEsin. V2. Plant. Most. iii. 2. 130. 

The vestibule of the golden palace (aurea domus) of Nero, was so 
large, that it contained three porticos, a mile long each, and a pond 
like a sea, surrounded with buildings like a city, Suet. Mer. 30. 
Here was also a colossus of himself, or statue of enormous magni- 
tude, 120 feet high. See p. 294. 

2. JANUA, ostium vel fores, the gate, (Porta murornm ct cas- 
trorum ; Janua parieils et domorum,) made of various kinds of 
wood, cedar, or cypress, Virg. G. ii. 442. elm, oak, &c. Ovid. Met. 
iv. 487. Amor. ii. 1. 25. sometimes of iron, Plant. Pers. iv. 4. 21. 
or brass, Plin. xxxiv. 3. and especially in temples, of ivory and gold, 
Cic. Ferr. iv. 36. P/m. viii. 10. 

The gate was commonly raised above the ground, so that they 
had to ascend to it by steps, l^irg. Mn. ii. 492, Sen. ep. 84. 

The pillars at the sides of the gates, projecting a little without the 
wall, were called ANTyE, and the ornaments affixed to them, 
wrought in wood or stone, Antkpagmenta, Festus, 

When the gate was opened among the Romans, the folds (valv^e, 
quod intus revolvantur) bent inwards, unless it was granted to any one 



434 ROMAN ANTIQUITIES. 

by a special law to open liis door outward ; as to P. Valerius Vo^ 
plicolii, and his brother, who had twice conquered the Sabines, 
{tit fiomds conim fores extra aperirentur,) Plin. xxxvi. 15. after the 
manner of the Athenians, who*c doors opened to the street, {in pub- 
liruni ;) and when any one went out, he always made a noise, by 
striking the door on the inside, to give warning to those without, to 
keep at a distance : Hence Crepuit koris, Concrepuit a Glycerio 
ostium, the door of Glycerium hath creaked, i. e. is about to be 
opened ; Ter. And. iv. 1.' 59. Ihc. iv. i. 6. Plaul. Amph. i. 2. 34. 
This the Greeks called •|'0(p£ iv ^j^av ; and knocking from without^ 
xo>?rre»y, pnlsore vel prdtare, 

A slave watched (.^frrrtAcrf) at the gate as a porter, (JANITOR^) 
Oxid, Fast.}. 138. hence called OSTIARIUS, rntR ab janua, 
Mp. Han. 12. Claustritumusy GelL xii. 10. usually in chains, {rate- 
jtntuif,) Columel. praef. Ovid. Am. i. 6. 1. & 25. which, when eman- 
cipated, he consecrated to the Lares, Horat. i. 5. 65. or to Saturn, 
J\hrt. iii. 29. armed with a staff' or rod, {nrnndoj 'yel virga,) Sencc. 
de Const. 14. and attended by a dog, likewise chained, Smt, Vil. 16. 
Senec. de Ira. iii. 37. On the porter's cell was sometimes this in- 
scription. Cave CANEM, Petron. 29. Plant. Most. iii. 2. 162. 

Dogs were also employed to guard the temples, Cic, Stxt. Rose. 
20. Arnob, vi. and because they failed to give warning, when the 
Gauls attacked the Capitol, Lfv. v. 47. a certain number of them 
were annually carried through the city and then impaled on a cross, 
Plin. xxix. 4. 

Females also were sometimes set to watch the door, (Janitrices,) 
usually old women, Plant. Cure. I 1. 76. Tibull. i. 7. 67. Petron. 55. 

On festivals, at the birth of a child or the like, the gates were 
adorned with green branches, flowers, and lamps, Juvenal, ix. 85. 
xii. 91. as the windows of the Jews at Rome were on Sabbaths, Se- 
nee. 95. Pers. v. 180. Before the gate of Augustus, by a decree of 
the senate, were set up branches of laurel, as being the perpetual 
conqueror of his enemies ; Ovid. Trist. iii. 1. 39. Plin. xv. 30. s. 
39. hence Laureate: fores, Senec. ad Polyb. 35. Laurigeri Pe- 
nates ; Martial, viii. 1. So a crovi^n of 045k was suspended on the 
top of his house, as being the preserver of his citizens, Plin. xvi. 3. 
which honour Tiberius refused ; Suet. 26. The laurel branches seem 
to have been set up on each side of the gate, in the vestibule ; and 
the civic crown to have been suspended from above between them : 
hence Ovid says of the laurel, mediamque tuebere quercum, Met. i. 563. 

The door, when shut, was secured by bars, (obices, claustra, repa^ 
gnla, vectes ;) iron bolts, { pessuli :) chains, Jvv, iii. 304. locks, 
(sever,) and keys, {claves :) Hence obdere pessulum foribus, to boh 
the door, Ter. Heaul. ii. 3. 37. occludere ostium pessulis, with two 
bolts, one below, and another above, Pla74t. Anl. i. 2. 25. uncinnm ini' 
miltere, to fix the bolt with a hook : obserare fores, vel ostium, to 
lock the door, 7'er. Eun. iv. 6. 25. seram ponere, Juvenal, vi. 34. 
apposita janua fulta sera, locked, Ovid. Art. A. ii. 244. reserare, to 
open, to unlock, Ovid. Met. x. 384. excutere poste seram, Am. i. 6. 
24. 4&C. It appears, that the locks of the ancients were not fixed to 
the pannels (impages ) of the doors with nails, like ours, but were 



HOUSES OF THE ROMANS. 435 

taken off when the door was opened, as our padlocks : Hence, el ja- 
cmt tacita lupsa catena sera, IVopert iv. 12. 2G. 

Knockers {marcutiy, mallei) were fixed to the doors, or bells (//n- 
tinnabula) hung up, as among us, Suet, Jl'jq. 91. Senec. dc Ira. iii. 
35. IHo. liv. 4 

The porter usually asked those who knocked at the gate, who they 
were, Cic, Phil. ii. 31. He admitted or excluded such as his mas- 
ter directed, Suet. 0th. 3. Senec. ep. 47, Sometimes he was order- 
ed to deny his master's being at home, Cic. Oral. ii. 68. Martial, ii. 
5. V. 23. Ovid. Art. Am. ii. 521. 

Besides Xhe janitor, the emperors and great men had persons who 
watched or kept guard in the vestibule, (Excurn^, iv/ cusiodia,) 
Tacit. Ann. xv. 52. to which Virgil alludes, /En. vi. 555. 574. 

A door in the back part of the house was called POSTICUM. vel 
posticum ostium. Plant. Stich. iii. I. 40. Horat. ep. i. .5, 31. or 
PsEUDOTHVRUM, V. -ow, Cic. Vcrr. ii. 20. Red. in Senat. 0. that in 
the fore part, Amicum, Fes I us. 

3. The Janut, or principal gate, was the entrance to the ATRI- 
UM, or AULA, the court or hall, which appears to have been a large 
oblong square, surrounded with covered or arched galler'es, ( porii- 
cus tectce vel lafjuentce,) Auson. Edyll. x. 49. 

Three sides of the Atrium were supported on pillars ; in later 
times, of marble, Plin. xvii. 1. — xxxvi. 2. <k3. 

The side opposite to the gate was called TABLINUM, and the 
other two sides, ALyE, Vitmv. vi. 4. 

The tiblinwn was filled with bonks, and the records of what any 
one had done in his magistracy, Plin. xxxv. 2. 

In the atrium, i\\Q nuptial couch was elected, See p. 392. the mis- 
tress of the family, with her maidservants, wrought at spinning and 
weaving, Cic. Mil. 5, Xep. pra.f. {In medio aidium, i. e. in atrio. Lii\ 
i. 57.) 

The ancient Romans used every method to encourage domestic 
industry in women. Spinning and weaving constituted their chief 
employment. 

To this the rites of marriage directed their attention, See p. 390. 
Hence the frequent allusion.^ to it in the poets, i^irg. JEn. viii. 408. 
ix. 488. and the atrium seems to have been the place appropriated 
for their working, {ex vetcre more in atrio tdm texehautur, Ascon. in 
Cic. pro Mil. 5.) that their industry might be conspicuous ; Hence 
the qualities of a good wife, {raori^ena uxoris ;) probitas. forma, 
fides, fama pudicitif, lanificiegue manus, Auson. Parent, iii. 3. xvi. 
3. But in after times, women of rank and fortune bec'ame so lux- 
urious and indolent, that they thought this attention below them. 
J^nnc plerceque sic luxu et inertil dejiuunt, ut ne lat>ifini quidem cu- 
ram suscipere di.<rnentur, Cohnnel. xii. Proem. 0. On this account, 
slaves only were employed in spinning and weaving, (ThXTouE^et 
TEXTRicES, lanifici, et -te,) and a particular pla(!e appropriated to 
them where they wrought, ( ikxikiva, r</ -um.) Thus Verres ap- 
pointed in Sicily, C.c. Verr. iv. 20. 

The principal manufacture was of wool ; for although there were 



436 ROMAN ANTIQUITIES. 

those who made linen, limteones, Plant. ^uL iii. 5. 38. Serv, in 
Mn. vii. 14. and a robe of hnen, [veslis llnlea,) seems to have been 
highly valiied, Cic. Verr. v. 56. yet it was not much worn. 

The principal parts of the woollen manufacture are described by 
Ovid. Met. vi. 53. dressing the wool ; picking or teasing, combing, 
and carding it, {lanam carpere^ pe.clerc, v. peclinare^ carminarey &c, 
spinning (nere, poet, durere, vel Irahere) with a distaff, (colus,) and 
spindle, (fusus,) winding or forming the thread into clews, (glome- 
rare ;) dyeing, {lmgcre,fucare,fuco medivare.) 

The wool seems to have been sometimes put up in round balls, 
{glomerari in orhcs,) before it was spun, Ovid. ibid. 19. Moral, ep. i. 
13. 14. 

Wool, when Jiew cut, (recens tonsOy) with its natural moisture, 
was called SUCCIDA, {a succo, Farr.) so mulier succida, plump. 
Plant. Mil, iii. I. 193. It used to be anointed with wine or oil, or 
swine's grease, to prepare it for being dyed, Juvenal, v. 24. Plin. 
vii. 48. xxix. 2. Vair. R. R. ii. II. 

The loom, (machiua in qua tela tela texilnr,) or at least that part to 
which the web was tied, was called JUGUM, a cylinder or round 
beam across two other beams, in this form, n, resembling the jugum 
ignominiosum, under which vanquished enemies were made to pass, 
Festus (fr Liv. iii. 2S. 

The threads or thrums which tied the web to the jt/gumy were 
called LICl A ; the threads extended longwise, and alternately rais- 
ed and depressed, STAMEN, the warp, (a stando,) because the an- 
cients stood when they wove, placing the web perpendicularly, 
(whence Radio stantis: (i. e. pendentis) percnrreris stamina tela, Ovid. 
Met. iv. 275.) and wrought upwards, {in altitudintm,\e\ sursum ver- 
siim, Festus,) which method was dropt, except by the linen weavers 
(LiNTEOXES ;) and in weaving the Tunica Recta, lb. 

The threads inserted into the warp, were called SUBTEMEN, 
the woof or weft, (quasi suhteximcn, vel substamen,) some read sub' 
tegemen, but improperly : the instrument which separated the threads 
of the warp, ARIJNDO, the reed ; which inserted the woof into the 
warp, RADII'S, the shuttle ; which fixed it when inserted, PEC- 
TEN, the lay, Ovid. Met. vi. 53.vel Spatha, Sencc. Ep. 91.— When 
the web was woven upright, a thin piece of wood, like a sword, seems 
to have been used for this purpose ; as in the weaving of Arras, of 
Turkey carpeting, &c. in which alone the upright mode of working 
is now retained, the weft is driven up with an instrument somewhat 
like a hand, with the fingers stretched out, made of lead or iron. It 
is doubtful whether the ancients made use of the reed and lay for 
driving up the weft as the modems do. The principal part of the 
machinery of a loom, vulgarly called the Canm or Hiddles, compos- 
ed of e^^'ed or hooked threads, through which the warp passes, and 
which, being alternately raised and depressed by the motion of the 
feet on the Treadles, raises or depresses the warp, and makes the 
shed for transmitting the shuttle with the weft, or something similar, 
seems also to have been called LICIA ; hence Licia tela addere, to 
prepare the web for weaving, to begin to weave, Virg. G. i. 285. 

When figures were to be woven on cloth, several threads of the 



SPINNING AND WEAVING. 437 

warp of different colours, were alternately raised and depressed ; and 
in like manner, the woof was inserted : if, for instance, three rows of 
threads {tria licia) of different colours were raised or inserted toge- 
ther, the cloth was called TRILIX, wrought with a triple tissue or 
warp, which admitted the raising of threads of any particular colour 
or quality at pleasure, Virg. ^n. iii. 467. v 259. vii. 639. So bilix, 
/r/. xii. 375. Hence the art of mixing colours or gold and silver in 
cloth : thus, Fert picturatas auri suhlemine vestes^ figured with a weft 
of gold, Virg, JEa. iii. 483. The warp was so called TRAMA, Se- 
me. Ep. 91. Hence trama figures, skin and bones, like a threadbare 
coat, Pcrs, vi. 73. But Servius makes Irama the saine with subtle 
men, Virg. Mn. iii. 483. 

The art of embroidering cloth with needle work {acu pingere) is 
said to have been first invented by the Phrygians ; whence su^cj) vests 
were called PwRYGioMiE, Plii:, viii. 48. s. 74. — the interweaving of 
gold, (nunim intexere,) by King Attains ; whence Vfstes Attalic^, 
76. e.t Propert. iii. 18. 19. — the interveaving of different colours {co' 
lores diversos picturre intexerc) by the Babylonians ; hangings and 
furniture of which kind of cloth for a dining-room {Iriclimaria Baby* 
lonicn) cost Nero 32,281/. : 13 : 4. quadragies sesterlio ; and even in 
the time of Cato cost 8(J0,000«ye.'f/£'r///, Plin. ibid. — the raising of se- 
veral threads at once, {plurimisjiciis texere.,) by the people of Alex- 
andria in Egypt, which produced a cloth similar to the Babylonian, 
called Poly MIT A, {ex iroKuc^ multm, et ii^irog^filum,) lb. ^Martial, xiv. 
150. Isidor. xix. 22. wrought, as weavers say, with a many-leaved 
caarn or comb. The art of mixing silver in cloth {argentura injila de* 
ducere, etjilis argenteis vcfstimenta contextre) was not invented till un- 
(terthe Greek emperoi-s ; when clothes of that kind of stuff came to 
be much used under the name of Vestimenta Syrmatina, Salmas» 
ad Vopisci. jJnrelian. 46. 

From the operation of spinning and weaving, FTLUM, a thread, is 
often put for a style or manner of writing, Cic. LcbL 7. Oral. ii. 22. 
iii. 26. Fam. ix. 12. GelL xx. 5. and ducere or deducere, to write 
or compose : Juvenal, vii. 74. thus, Tenui deducla pocmata Jilo^ i. e. 
subliliore slilo scripta, Horat. Ep. ii. 1. 225. So dcductum dicere, car- 
men, to sing a pastoral poem, written in a simple or humble style. 
Virg. Ed. vi. 5.— Oi^V/. rrisl. i. JO. 18. Ep. xvii. 88. Pont. i. 5. 7. 
&; 13. also texere, Cic. Fam. ix. 21. Q. fratr. iii. 5. and sublexere, 
to subjoin, Tibull. iv. 1.211. 

In the Atrium anciently the family used to sup, Serv, in Virg. JEn, 
i. 726. iii. 353. where likewise was the kitchen, (Culina,) Ibid. 

In the Atrium, the nobility placed the images of their ancestors, 
see p. 37. the clients used to wait on their patrons, Hornt. Ep. i. 5. 
31. Juvenal, vii. 71. and receive the sporlnla. See p. 378. 

The Atrium was adorned with pictures, statues, plate, &c. and the 
place where they were kept was called PINATHECA, Plin. xxxv. 
2. Pet ran. 29. 83. 

In later times, the atrium seems to have been divided into different 
parts, separated from one another by hangings or veils, (re/a,) into 
which persons were admitted, according to their different degrees of 



438 ROMAN ANTIQUITIES. 

favour; whence they were called amid ADMISSION IS prima, st' 
nm</(s, vel lertiie ; which distinction is said to have been first made 
by C. Gracchus and liivius Drusns, Senec. de bemf, vi. 33. 34. Clem. 
i. 10 Hence those who admitted persons into the presence of the 
Emperor, were called Ex oPKino admissioms, Suet. Vesp, 14. vel 
ADiMissicNALE-*, Lamprid. in Jilex.A. and the chief of them, Magis- 
TER ADMissioNUM, mastcr of ceremonies, Vopisc. Aurelian. 1*2. usu- 
ally freed-men, w ho used to be very insolent under weak or wicked 
princes, PUn. xxxiii. 3. and even to take money for admission, Senec, 
const. Sapient. 14. but not so under good princes, Plin. paneg, 47. 

There was likewise an atrium in temples ; thus, atrinm Libertatis, 
Cic. Mil. 22. l.iv. XXV. 7. Tacit. Hist. i. 31. Artium in publicum in 
Capitol iOf Liv. xxiv. 10. 

In the hall there was an hearth (FOCUS), on which a fire was 
kept always burning near the gate, under the charge of the janitor, 
Ovid. Fast. i. 135. around it the images of the Lares were placed ; 
whence Lar is put for focn^f ibid. 

The ancients had not chimneys for conveying the smoke through 
the walls, as we have ; hence they were much infested with it, Ho- 
rat. Sat, i. 5. 81. F?7rwr. vii. 3. hence also the images in the hall are 
called FuMosiE, Cic. Pis. 1. JuvenaUxW'i. 8. and December Fumo- 
sus, from the use of fires in that monj-h. Martial, v. 31. b. 

They burnt wood, Horat. od. i. 9. 5. which they were at great 
pains to dry. Id. iii. 17. 14. and anoint with the lees of oil, (amurca^ 
to prevent smoke, Plin. xv. 8. hence called Ugna ACAPNA, {ex a 
priv. et, xaoof, finnns.) Mart. xiii. 15. vel cocta, ne fumum faciant^ 
Ulpian. dj le^ g. iii. 1. 53. Cato de R. R. c. 133. 

The Romans used portable furnaces, [camini portatiles^fornacfs* 
vel -culip, fociili, ignitab)da \g\ cscharce) for carrying embers and 
burning coals, {prurue vel carbones igniti.) to warm the different 
apartments of a house. Suet. Td). 74. Vit. 8. which seem to have 
been placed in the middle of the room, Cat. de re rust. 18. Colum. 
xi. 1. 

In the time of Seneca, a method was contrived of conveying heat 
from a furnace below, by means of tubes or canals fixed to the walls, 
(per tubos parietibus inipressos,) which warmed the rooms more 
equally, Senec, ep. 90. de provid. 4. 

4. An open place in the centre of the honse, where the rainwa- 
ter fell, and which admitted light from above, was called IMPLU- 
VI UM, or Complnvium, Festus ; Varro de L. L. iv. 33. Ascon. in 
Cic. Varr. i. 23. Liv. xliii. 15. also Cav^edium, or Cavum izdium, 
Varr. ibid. Plin. cp. ii. 17. commonly uncovered, (.sM6f/ir(//e ;) if not, 
from its arched roof, called Te>tud«>, Varr. ibid. 

Vitruvius directs, that it should not be more than the third, nor 
less than the fourth part of the breadth of the Atrium, vi. 4. 

The slave, who had the charge of the Atrium and what it contain- 
ed, was called ATRIENSIS, Petron.'2ry. He held the first rank 
among his fellow-slaves:, Cic. Top. 5. Plauf. Asin. ii. 3. 80. and ex- 
ercised authority over them, Id. ii. 4. 18. 

5. The sleeping apartments in a house were called CUBICULA 
dormitoria, vel nocturnal nottist it somni ^ for there were also cubi' 



HOUSES OF THE ROMANS. 439 

cuia dinrna, for reposing in the day-lime, Plin. ep. i. 3. ii. 17. 
V. 6. 

Each of these hacl commonly an anti-chamber adjoining, (Pro- 
coEiUM, vel Proceslrium,) Ibid. 

There were also in bed chambers places for holding books, in- 
serted m the walls, {armaria paritii itiserta,) Id. ii. 17. 

Any room or apartment in the inner part of the house, under lock 
and key, as we say, was called CONCI/AVE, vel -mm, Ter. Heaut. 
V. 1. 29. (a con et clavis, qudd una cluvi clauditur, Frstus ; vel qubd 
intra enm locum loca muUa d cubicula clausa sunl^ adfusrenfia tricli- 
niOf Donat. in Ter. Eun. iii. 5. 35.) put also for the Triciinium, 
Ck\ Verr, iv. 26. Oral. ii. SO. Quinctil. ix. 2. Horat. Sat. ii. 6. 1 13. 

Among the Greeks, the women had a separate apartment from 
the men,^ called GYN^^CEUM, (/uvaixiiov,) Cic. PhU. ii. 37. Ter. 
Phorm. v. 6. 22. 

The slaves wlv> took care of the bed-chamber were called CUBI- 
CULARH, Cic. An. vi. 14. Su.d. Tib. 21. or Cubiculares, Id. Mr. 
38. the chief of them, Pr^I'oshus cuhiculo, vel Dkchjki » cubi- 
cuLARiORUM, Sucf. Dom. iii. & 17. They were usually in great fti- 
vojir with their misters, and introduced such as wanted to see them, 
Cic. ibid. For the Emperors often gave audience in their bed-cham- 
ber; the doors of which had hangings or curtains suspended before 
them, (foribus pnsteuta vela.) Tacit. Ann. f). Suet. CI. 10. which 
were drawn up (Icvabantur) when any one entered, Smec. pp. 81. 

The eating apartments were called Canationes, Comacuia, vel 
Triclinia. See p. 365. 6l 366. 

A parlour for supping or sitting in, was called DliETA, Plin. ep. 
ii. 17. Suet. CI. 10. sometimes several apartments joined together, 
were called by that name, or Zkt\, Plin. pp. ii. 17. v. 6. and a 
small apartment or alcove, which might be joined to the principal 
apartment, or separated from it at pleasure, by means of curtains 
and windows, ZOTHECA, vel -cula, Ibid. 

Dia: PA, in the civil law, is often put for a pleasure-house in a gar- 
den : So Plin. ep. ii. 17. and by Cicero, for diet, or a certain mode 
of living, for the cure of a disease, Jilt. iv. 3. It is sometimes con- 
founded with cubiculum, Plin. ep. vi. 16. 

An apartment for basking in the sun was called SOLARIUM, 
Plaut. Mil. ii. 4. 25. Suet. CI. 10. which Nero appointed to be made 
on the portico before the house. Id. Mr. 16. or HtxiocAMiNUs, 
Plin. ib. 

The apartments of a house were variously constructed and ar- 
ranged at different times, and according to the different taste of in- 
dividuals. 

The Roman houses were covered with tiles (lectuh^,) of a con- 
siderable breadth ; hence bricks and tiles are mentioned in Vi- 
truvius and ancient monuments, two feet broad, {bipedales ;) and 
a garret, {ccenaculum.) covered by one tile; Suet. Gramm. l\. 
When war was declared against Antony, the senators were tax- 
ed 4 obdli or 10 asses for every tile on their houses, whether their 
own property or hired, Dio. xlvi. 31. In Nonius Marcellus we 
read, In singulas tegidas impositis sexcentis sexccnties confici posse, 



410 ROMAN ANTIQUITIES. 

c. iv. 93. But here sexce.nlis is supposed to be by mistake for sex 
nummis, or singula s tegulas lo be put fur singula if eta, each roof. 

The roofs (iccta) of the Roman houses seem to have been 
generally of an angular form, like ours, the top or highest part 
of which was called FASTIGIUM, Festus, Virg. JEn. i. 442. ii. 
458. 758. hence operi fasti gium impontrf, to finish, Cic. off. iii. 7. 
put also for the whole roof, Cic. Orat. iii. 46. Q. fr. iii. i. 4. but 
particularly for a certain part on the top of the front of temples, 
where inscriptions were made, PUn. paneg. 54. and statues erected, 
Plin. XXXV. 12. s. 45. xxxvi. 5. Hence it was decreed by the Se- 
nate, that Julius Caesar might add a Fusiigiurn to the front of his 
house, and adorn it in the same manner as a temple, Flor. iv. 2. Cic^ 
Phil. ii. 43. which, the night before he was slam, his wife Calpurnia 
dreamt had fallen down. Suet. Jul. 81. Plutarch, in Cces. p. 738. 

From the sloping of the sides of the roof of a house, Fastigium 
is put for any declivity ; lience Cloacoefaslig'o ductce, sloping, Liv. i. 
38. So Cces. B. G. i. 2,5. ii. 24. Fastigatus, bending or sloping, C(£s. 
B. G. ii. 8* and from its proper signification, viz. the summit or top^ 
it is put for dignity or rank , thus, Curatio aitiorfastigio sun, a charge 
superior to his rank, Liv ii, 27, Parifastigio stfJit, with equal dig- 
nity, Nep. XXV. 14. In consulare. fastigium provectus, to the honour of 
consul, Fe//. ii. 69. or for any head of discourse ; Summa sequarfas- 
tigia rerum. I will recount the chief circumstance, f^irg. JEn. i, 
346. also for depth, as altitudo, Serv. in Virg. G. ii. 288. The cen- 
tre of the inner part of a round roof of a temple, where the beams 
joined, was called THOLUS, SVrr. in Vng. JEn. ix. 408. Ovid. 
Fast. iv. 296, the front of which, or the space above the door, was 
also called Fastigium, Virg. Hid. But any round roof was called 
TiiOLus, Martini, ii. 59. Vitruv. i. 7. .5. as that of Vesta, resembling 
the concave hemisphere of the sky, Ovid. Fast. vi. 282. & 296. 
Whence Dio says, that the Pantheon of Agrippa had its name, be- 
cause from the roundness of its figure (&oXos»5s^ ov) it resembled hea- 
ven, the abode of the gods, liii. 27. From the Tholus offerings 
consecrated to the gods, as spoils taken in war, &c. used to be 
suspended, or fixed to the Fasligiumy Virg. ib. and on the top of the 
TholuSf on the outside, statues were sometimes placed, Mart. i. 71. 
10.. 

The ancient Romans had only openings, {foramina,) in the walls 
to admit the light; FENESTRiE, windows, (from (pajvw, nstendo ; 
hence oculi.et aiires sunt quasi fenesirm animi, Cic. Tusc. i. 20.) 
covered with two folding leaves, {bifores valv(e,) of wood, Ovid. 
Pont. iii. 5. Amor. i. 5. 3. and sometinies a curtain, Juvmal. ix. 105. 
hence said to be joined, when shut, Hjrat. i. 25. Cubiculum ne diem 
quidem sestit, nisi apertis fencstris, Plin. ii. 17. ix. 36. sometimes 
covered with a net, {fenestrcs retuulat^., ne qnod animal malefi- 
cum introire queat, Varr. R. R. iii. 7.) occasionally shaded by cur- 
tains, (ohdvctis velis,) Plin. ep. vii. 21. 

Under the first Emperors, windows were composed of a certain 
transparent stone, called LAPIS SPECULARlS,found first in Spain, 
and afterwards in Cyprus, Cappadocia, Sicily, and Africa, which 
might be split into thin leaves, (jindilur in quamlibet tenues crusias^) 



HOUSES OF THE ROMANS. 441 

like slate, but not above five feet long each, Senec, ep. 90. Piin. 
xxxvi. 22. s. 45. What this stone was is uncertain. 

Windows, however, of that kind (SPECULARIA), were used 
only in the principal apartments of great houses, Senec. ep. 86. J^at» 
Q. iv. 13. in gardens, Plin. xv. 16. xix. 5. Martial, viii. 14 called 
Persimcua gemma, 76.68. in porticos, Plin. ep. ii. 17. in sedans, (Zee- 
tic(B,) Juvenal, iv. 21. or the like. 

Paper, linen cloth, and horn, seem likewise tp have been used for 
windows ; hence corneum specular, Tert. de Jlnim. 53. 

The Romans did not use glass for windows, although they used it 
for other purposes, particularly for mirrors, (speaila,) nor is it yet 
universally used in Italy, on account of the heat. Glass was first in- 
vented in Phoenicia, accidently, by mariners burning nitre on the 
sand of the sea-shore, Plin. xxxvi. 26. s. 65. 

Glass windows {vitreci specularia) are not mentioned till about the 
middle of the fourth century by Hieronymus, {St. Jerome,) ad. Ezech. 
xl. 16. firit used in England, A. D. 1177 ; first made there, 1558 ; 
but plate-glass for coaches and looking-glasses not till 1673. 

The Romans, in later limes, adorned the pavements of their houses 
with small pieces {crusice, vel -a) of marble of different kinds, and 
different colours, curiously joined together, called pavimenta secti- 
LiA, Swe^ Cits. 46. (Xi^otfT^wTa, Varro^) -Df/ emblemata vermicula- 
TA, Cic. Orat. iii. 43. or with small pebbles, (caladi, vel tessercB, s, 
-ulcB^) dyed in various colonrs ; hence called Pavimenta tessella- 
TA, Suet. 76. used likewise, and most frequently, in ceilings, Lucan, 
X. 114. in after times, called opus meusum, \e\ musivum. Mosaic 
work, probably because first used in caves or grottos consecrated 
to the muses (musea,) Plin. xxxvi. 21. s. 42. The walls also used 
to be covered with crusts of marble, lb. 6. 

Ceilings were often adorned with ivory, and fretted or formed into 
raised work and hollows, (laqneata tecta, Cic. legg. ii. 1. Laqijea- 
RiA vel LAcuNARiA, from lacus or lacuna^ the hollow interstice be- 
tween tlie beams, Serv. in Virg. ^n. 1. 726.) gilt, {aurea, Ibid. 
& Horat. od. ii. II. inaurata^ Plin. xxxiii. 3.) and painted, P/m. 
XXXV. 11. s. 40. Nero made the ceiling of his dining-room to shift 
and exhibit new appearances, as the diflTerent courses or dishes were 
removed, Seiiec. ep. 90. Suet. Ker. 31. 

VILLAS and GARDENS of the ROMANS. 

The magnificence of the Romans was chiefly conspicuous in their 
<!Ountry villas, Cic. de legg. iii. 13. 

VILLA originally denoted a farm-house, and its appurtenances, 
or the accommodations requisite for a husbandman, [quasi vella, 
^uo fruclus vehebant, et unde vehebant, cum venderentur, Varr. R. 
R. i. 2. 14.) hence the overseer of a farm was called VILLICUS ; 
and his wife, (uxor liberi, el contubernalis servi,) VILLICA. But 
when luxury was introduced, the name o( villa was applied to a num- 
ber of buildings reared for accommodating the family of an opulent 
Roman citizen in the country, Cic. Rose. Com. 12. hence some of 
them are said to have been built in the manner of cities, in urbium 

56 



442 ROMAN ANTIQUITIES 

modum exadiJicatcSf Sallust. Cat, 13. ^Edijicia privata, laxitatem 
urbium •map;nariim vincentia^ Senec. benef. vii. 10. Ep, 90. Horat* 
od. ii. 15. iii. 1. 33. 

A villa of this kind was divided into three parts, Urbana, Rusti- 
CA, and Fruc TUARiA. The first contained dining-rooms, parlours, 
bed-chambers, baths, tennis-coiirts, walks, terraces, {xysli)^ &c. 
adapted to the different seasons of the year. The villa ruslica con- 
tained accommodations for the various tribes of slaves and work- 
men, stables, &c. and the Frucluaria, wine and oil-cellars, corn-yards, 
(fitnilia et palearia) barns, granaries, store-houses, repositories, for 
preserving fruits, (aporolhecce,) <^c. Columel. i. 4. 6. 

Cato and Varro include both the last parts under the name of Vil- 
la RuSTicA, Cat, de R, R. iii. 1. ix. 1. Varr. xiii. 6. But the name 
of villa is often applied to the first alone, without the other two, and 
calJed bv Vitruvius, Pskudo-urbana ; by others, Pr^torium, Suet. 
Avg, 72. Cal. 37. Tit. 8. 

In every villa there commonly was a tower ; in the upper part of 
which was a supping room, (canatio,) where the guests, while re- 
clining at table, might enjoy at the same time a pleasant prospect, 
Plin. ep. ii. 17. 

Adjoining to the Villa rustica, were places for keeping hens, Gal- 
LiNARiUM ; geese, Chenobocium : ducks, and wild fowl, Nessotrophi. 
UM ; birds, omithon, vol Aviarium ; dormice, Glirarium ; swine, 
SuiLE, sc. stabidum, et harcz^ hogsties ; hares, rabbits, &c. Leporari- 
UM, a warren : bees, Apiarium ; and even snails. Cochleare, &c. 

There was a large park, of fifty acres or more ("jra^af^sifl'o.c), for deer 
and wild beasts, Therjotrophium, vel vivarium, Ge//. ii. 20. but the 
last word is applied also to a fish-pond, (Piscina,) Juvenal, iv. 51. 
or an oyster-bed, Plin. ix. 54. or any place where live animals were 
kept for pleasure or profit : Hence in vivaria miltcre, i. e. lactarc, 
muneribus et observantia omni alicujus herediialem caplare, to court 
one for his money, Horat. ep. i. 1. 79. Ad vivaria currunt^ to good 
quarters, to a place where plenty of spoil is to be had, Juvenal, iii. 308, 

The Romans were uncommonly fond of gardens, (Hortus, vel 
ORTUS, vbi arhores et olera oriuntur,) as indeed all the ancients were : 
Hence the fabulous gardens and golden apples of the Hesperides, 
Virg. JEn. iv. 484. of Adonis and Alcinous, 76. G. ii. 87. Ovid. Am. °u 
10. 56. Pont. iv. 2. 10. Stat. Sylv. i. 3. 81. the hanging gardens (pen" 
siles horti) of Semiramis, or of Cyrus at Babylon, Plin. xix. 4. the 
gardens of Epicurus, put for his gymnasium, or school, Ibid, et Cic. 
Alt. xii. 23. Fin. v. 3. 

In the laws of the twelve tables, villa is not mentioned, but hortus 
in place of it, Plin. ibid. The husbandmen called a garden altera 
succidia, a second dessert, or flitch of bacon, (perna, petdso vel lar- 
dum,) which was always ready to be cut, Cic. Sen. 16. or a sallad, 
(acetaria, -orum, facilia concoqui, nee oneratura sensum cibo, Plin. 
xix. 4. s. 19.) and judged there must be a bad housewife {nequam 
mater familias, for this was her charge) in that house where the gar- 
den was in bad order, (indihgens hortus^ i. e. indiligentur cultus.) 
Even in the city, the common people used to have representations 
of gardens in their windows, Plin. ibid. 



VILLAS AND GARDENS 443 

In ancient times the garden was chiefly stored with fruit-trees and 
pot-herbs, {ex horto enim plehtimacellum, lb.) hence called Hortus 
pii\Guis, the kitchen garden, Virg. G. iv. il8. Plin. ep. ii. 17. and 
noble families were denominated not only from the cultivation of 
certain kinds of pulse, (legumina,) Fahii, Lentuliy Ptsones, &c. but 
also of lettuce, Laclucinij Plin. xix. 4. 

But in after times, the chief attention was paid to the rearing of 
shady trees, Horat, od, ii. 14. 22. et od. xv. 4. Ovid. Mtx. 29. &c. 
aromatic plants, flowers and evergreens ; as the myrtle, ivy, laurel^ 
boxwood, ^c. These, for the sake of ornament, were twisted, and 
cut into various figures by slaves trained for that purpose, called TO- 
PIARII, Plin, ep. iii. 19. who were said Topiariam, sc. artem, fa- 
CKRE, Cic. Q.fr. iii. 1. 2. re/ opus topiarium, Plin. xv. 30. 

Gardens were adorned with the most beautiful statues, Cic, Dom, 

43. Plin. ep. viii. 18. f. Here the Romans, when they chose it, lived 
in retirement, Cic. j^rt. xii. 40. Suet. CI, 5. Tacit. Jinn. xvi. 34, 
and entertained their friends, Senec. ep. 21. Mart. iv. 64. 

The Romans were particularly careful to have their gardens well 
watered, (rigui, vel irrigui ;) and for that purpose, if there was no 
water in the ground, it was conveyed in pipes, {inducebatur per ca- 
nales, \q\ fistulas agnarias, Phn. ep. v. 6. per tuhos plumheos, vel lig- 
neos, Plin. xvi. 42. s. 81. velfictiles, seu testaceos, Id. xxxi. 6. s. 31.) 
These aquseducts {ductus aquanim) were sometimes so large that 
they went by the name of Nili and Euripi ; Cic. legg. ii. 1. 

The garde ITS at Rome most frequently mentioned by the Classics, 
wer$, horti C^saris, Horat. Sat. i. 9. 18. Suet. 83. Luculli, lucif, 
JJnn.xi. 1. 37. Martialis, iv. 64. Neronis, Tacit, Jinn, xiv. 3. xv. 

44. Pompeii, C/c. Phil. ii. 29. Sallustii, v. -iani ; the property first 
of Sallust the historian, then of his grand-nephew and adopted son, 
Tacit. Jinn, iii. 30. afterwards of the emperors. Id, xiii. 47. Hist. 
iii. 82. Seneca, Id. xiv. .52. Juvenal, x. 16. Tarquinii Superbi, 
the most ancient in the city, Liv. i. .54. Ovid. Fast. ii. 703. &c. 

Adjoining the garden were beautiful walks, {ambulacra vel -tiones,) 
shaded with trees, and a place for exercise, {palcestra,) Cic. legg. ii. 
2. Gell. i. 2. 

Trees were often reared with great care round houses in the city, 
Horat. ep. i. 10. 22. TibulL iii. 3. 15. and statues placed among 
them, Cic. Verr. \. 19, 

AGRICULTURE of the ROMAjYS. 

The ancient Romans were so devoted to agriculture, that their 
most illustrious commanders were sometimes called from the plough ; 
thus, Cincinnatus, JAv, iii. 26. Cic. Rose. Am. 18. The Senators 
commonly resided in the country, and cultivated the ground with 
their own hands. Ibid. See p. 19. and the noblest families derived 
their surnames from cultivating particular kinds of grain ; as the Fa- 
Bii, PisoNES, Lentuli, Cicerones, &:c. Plin. xviii. 1. To be a good 
husbandman was accounted the highest praise, (Bonus colonus, 
vel AGRicoLA, was equivalent to Vir Bonus, Ibid. 3. Cato, R. R. Pr. 
2. LocuPLES, rich, q. loci, hoc est, agri plenus : Pecuniosus, 3.pecO' 
rum copia ; so AssiDUus, ab asse dando, Quinctil. v, 10. Ovid. Fast. 



444 ROMASi ANtlQUrtlES 

V. 280. Gell, X. 5. Festus ;) and whoever neglected his ground, of 
cultivated it improperly, was liable to the animadversion^^of the Gen- 
sors, Plin. ib-idi 

At first no citizen had more ground than he could cultivate him- 
self. Romulus allotted to each only two acres, Varr. R. R. i. lO*. 
P/m. xviii. 11. called H.'erediijm, {quod hceredem seqnerenbir.) hh 
and SoRs, Festus ; or cespesfortuilus, Horat. od. ii. 15. 17. which 
must have been cultivated with the spade. An hundred of these" 
sortes or htredia was called Centuaria ; Columell. i. 5. Hence in 
nullum soritm honorum natus, i. e. partem hcrediiatw, to no share of 
his grandfather*s fortune, Liv. i. 34. After the expulsion of the 
kings, seven acres were granted to each citizen, Plin, xviii. 3. which 
contined for a long time to be the usual portion assigned them in 
the division of conquered lands, Liv. v. 30. Val. Max. iv. 3. .5. L. 
Quinctius Cincinnatus, Curius Dentatus, Fabricius, Regulus, &c* 
had no more, Id. iv. 4. 6. & 7. Cincinnsftus had only four acres, ac- 
cording to Columella, pvixf. & i. 3. and Pliny, xviii. 3. 

Those whom proprietors employed to take care of those grounds, 
which they kept in their own hands, were called VILLICI, Horat. 
ep. i. 14. Cic. Verr. iii, 50. Att. xiv. 17. and were usually of servile 
condition, Ihid. 

Those who cultivated the public grounds of the Roman psople^ 
and paid tithes for them, were also called Aratores, whether Ro» 
man citizens, or natives of the provinces, {provinciahs ;) and their 
forms, Arationes, Cic. F^rr. iii. 20. 27. 53. Phil. ii. 3^. 

But when riches increased, and the estates of individuals were en- 
larged, opulent proprietors let part of their grounds to other citizens, 
"who paid a certain rent for them, as our farmers or tenants, and were 
properly called COLONI, Cic. Casin. 32. Plin. ep. x. 24. Colum. i. 
7. CONDUCTORES, Plin. cp. vil. 30. or PARTIARll, because 
usually they shared the produce of the ground with (he proprietor, 
Caius, I. 25. § 6.^. Locati Plin, ep. ix. 37. It appears that the Ro- 
mans generally gave leases for five years, (singulis lusiris prcedia 
locdsse,) Id. ix. 37. 

AGRICOLiFi was a general name, including not only those wha 
ploughed the ground, (ARATORES, qui ierram arant, vel ipsi sua 
manu, vel per alios, Cic. Verr. v. 38,) but also those who reared 
vines, (vinitores ;) or trees, [arhoratores ;) and shepherds, ( pastores.) 

At first, the stock on the farm seems to have belonged to the p,-o- 
prietor, and the farmer received a certain share of the produce for 
his labour. A farmer of this kind was called POLITOR, vel Polin- 
ior, the dresser of the land, or Partiarius, which name is also ap- 
plied to a shepherd, or to any one who sharcd with another the fruits 
of his industry. 8uch farmers are only mentioned by Cato, who 
calls those who farmed their own grounds, Coloni. So Virg. eel. 
ix. 4. But this word is commonly used in the same general sense 
with agricolce : J^on dominus, scd colonus, Senec. cp. 88. In Colu- 
mella, colonus means the same with the farmer or tenant among us, 
who was always of a free condition, and distinguished from VIUjI- 
CUS, a bailiff or overseer of a farm, a steward, who was usually a 
slave or freedman, Colum. 1. 7. Horat. ep. I. 14. Cic. Ferr. iii. 50, 



AGRICULTURE. 445 

Sb shepherds, Virg, EcL i. 28. & 41. When a free-bom citizen was 
employed as an overseer, he was called Procurator, Cic. CiBcin, 
20. Jltt, xiv. 17. Orat. i. 58. and those who acted under him, acto- 
RES, Plin. fp, iii. 19. 

The persons employed in rustic work, under the farmer or bailiff, 
were either slaves or hirelings ; in latter times, chiefly the former, 
and many of them chained ; See p. 45. P/m. xviii. 4. Martial, ix. 23. 
Ovid. Pont. i. 6. 31. The younger Pliny had none such, Ep. iii. 19. 

The Romans were very ^attentive to every part of husbandry, as 
appears from the writers on that subject, Cato, Varro, Virgil, Pliny, 
Columella, Palladius, &c. 

Soils were chiefly of six kinds ; fat and lean, (pingue vel macrum,) 
free and stifle, (sohUum vel spissum^ rarum vel densum,) wet and dry, 
{humidum vel siccum,) which were adapted to produce different 
crops. Col. ii. 2. 

The free soil was most proper for vines, and the stiff for corn, 
Virg. G. ii. 229. 

The qualities ascribed to the best soil are, that it is of a blackish 
colour, {terra nigra vel pulla, Virg. G. ii. 203.) glutinous, when wet, 
Jb. 248. and easily crumbled, when dry ; has an agreeable smell and 
a certain sweetness, lb. 238. Plin. xvii. 5. imbibes water, retains a 
proper quantity, and discharges a superfluity, Jb. when ploughed, ex- 
hales mists and flying smoke, not hurting the plough-irons with salt- 
rust ; the ploughman followed by rooks, crows, &c. and when at 
rest, carries a thick grassy turf, Plin. ib. Virg. G. ii. 217. Land for 
sowing was called ARVUM, {ab arando ; Varr. R. R. 1. 29.) an- 
ciently Arvus, sc. ager, Plant. True. 1. 2. 47. ground for pasture, 
PAScuuM, V. 'lis, SC. oger, Ibid. 

The Romans used various kinds of manure to improve the soil } 
particularly dung, {fimus vel stercus,) which they were at great 
pains to collect, and prepare in dunghills, {sterquilinia, vel Jimeta,) 
constructed in a particular manner, Col. i. 6. Plin. xxiv. 19. et xvii. 
9. They sometimes sowed pigeons' dung, or the like, on the fields 
like seed, and mixed it with the earth, by sarcling, or by weeding- 
hooks, {sarcida,) Col. ii. 16. 

When dung was wanting, they mixed earths of diflfercnt quali- 
ties, Ibid, they sowed lupines, and ploughed them down for manure, 
{stercorandi agri causa,) Varr. R. R. i. 23. Beans were used by 
the Greeks for this purpose, Theophrast, viii. 9. 

The Romans also for manure burnt on the ground the stubble, {sti- 
pulam nrebant,) Virg. G. i. 84. shrubs, (fniteta,) Plin. xviii. 6. twigs 
and small branches, {virgas et sarmenta,) Id. 25. They were well 
acquainted with lime, (calx,) but do not seem to have used it for ma« 
nure, a*t least till late. Pliny mentions the use of it for that purpose 
in Gaul, xvii. 8. and hence probably it was tried in Italy. He also 
mentions the use of marl, (MARGA,) of various kinds, both in Bri- 
tain and Gaul, and likewise in Greece, called there LeucargilloUf 
xvii. 5. &c. but not found in Italy, Ib. 

To carry off the water, (ad aquam, vel uliginem nimiam deducen- 
damj) drains (Incilia, vel fossa inciUs) were made, both covered 



446 ROMAN ANTIQUITIES. 

and open, {cc$c(b et patentes^) according to the nature of the soil, and 
water-furrows, {sjdci aqnam^ vel elices^ quod undam eliciunt, Virg. 
G, i. 109.) CoL ii. 2. & 8. Plin. xviii. C. 

The instruments used in tillage were, 

ARATRUM, the plough ; concerning the form of which author^ 
are not agreed. Its chief parts were, Te.mo, the beam ; to which 
the jugum or yoke was fastened ; STiVA, the plough tail or handle; 
on the end of which was a cross-bar, {transversa reguln, called Ma- 
NicuLA, vel CAFULus, Ovid, Pont, i. 8. 57.) which the ploughman 
{arator, v. bubulcus) took hold of, and by it directed the plough ; 
VoMKR, vel -eris, the plough-share ; BURIS, a crooked piece of 
wood, which went between the beam and the plough-share ; hence 
Aratrum curvum, Virg. G. i. 170. represented by Virgil as the 
principal part of the plough, to which there seems to be nothing ex- 
actly similar in modern ploughs ; to it was fitted the Dentale, the 
share-beam, a piece of timber on which the share was fixed ; called 
by Virgi!, duplici dentulia dorso, i. e. lata ; and by Yarro, dens ; to 
the buris were also fixed two aures, supposed to have served in 
place of what we call mold-boards, or earth-hoards, by which the fur- 
row is enlarged, and the earth thrown back, (regerifar ;) CuLTtR, 
much the same with our coulter, PUn. xviii. 18. RALLA, or rw/Zr/, 
vel -wm, the plough-staflT, used for cleaning the plough-share. Id. 19. 

The Romans had ploughs of various kinds ; some with wheels, 
earth-boards, and coulters, others without them, &c. The comrnon 
plough had neither coulter nor earth- boards. 

The other instruments were, LlGO, or pala, a spade, used chiefly 
in the garden and vineyard, but anciently also in corn-fields, Liv. iii. 
26. Horat. od. iii. 6. 38. ep. i. 14. 27. Rastrum, a rake ; Sardulum, 
a sarcle, a hoe, or weeding- hook ; Bideixs, a kind of hoe or drag, 
with two hooked iron teeth for breaking the clods, and drawing up 
the earth around the plants, Virg. G. ii. 400. Ovid. Am. i. 13. 15. 
OccA,vel Crates dentata, a harrow, Virg. G. i. 91. P/m. xviii. 18. 
Irfex, a plank with several teeth, drawn by oxen, as a wain, lo pull 
roots out of the earth, Varr. L. L. iv. 31. Marra, a mattock, or 
hand-hoe, for cutting out weeds, Juvenal, iii. 31 1. Dolahra, an ad- 
dice, or adz, with its edge athwart the handle : Securis, an axe, 
with its edge parallel to the handle ; sometimes joined in one ; hence 
called Securis dolabrata ; used not only in vineyards but in corn- 
fields, for cutting roots of trees, ^c. Col. ii. 2. The part of the 
pruning knife, (falx,) made in the form of the half-formed moon, 
(semiformis lunce,) was also called Securis, Cal. iv. 25. 

The Romans always ploughed with oxen, usually with a single 
pair, {singulis jugis, vel paribus,) Cic. Verr. iii. 21. often more, 
Plin. xviii. 18. sometimes with three in one yoke. Col. vi. 2. 10. 
What a yoke of oxen could plough in one day was called JuGUikr, 
Varr. R. P. \. 10. vel Jugerum, Plin. xviii. 3. 

Oxen, while young, were trained to the plough with great care, 
Virg. G. iii. 163. Varr. i. 20. Col. vi. 2. The same person managed 
the plough, and drove the cattle, (Rector, Plin. ep. 8. 17.) with 
a stick, sharpened at the end, called Stimulus, (xevrpov) a goad. 



AGRICULTURE. 447 

They were usually yoked by the neck, sometimes by the horns, Plin. 
viii. 45. Col. ii. 2. The common length of a furrow, made without 
turning, was 120 feet, hence called Actus, which, squared, and dou- 
bled in length, madea JUGERUM, Plin, xviii.3. Varr, i. 10. 1. CoL 
V. I. 5. used likewise as a measure among the Hebrews, I. Sam, 
xiv. 14. 

The oxen were allowed to rest a little at each turning. Col. ii. 2. 
Cum advcrsuram ventum est, vel Cum versus pernctus est, i. e. cum 
sulcus adjinem perductus est ; and not at any other time ; {necstri" 
gare in actu spiritus, i. e. nee interquiescere in ducendo sulcOy Plin. 
xviii. 19. nee in media parte versiirce consistere, Col. ii. 2.) 

When in ploughing, the ground was raised in the form of a ridge, 
it was called PORCA, (i. e. inter duos sulcos terra elata, vel eminens,) 
Varr. R. R, i. 29. Fest. in Imporcitor, or Lira, CoL ii. 4. But 
Festus makes forc^ to be also the furrows on each side of the ridge 
for carrying off the water, properly called coLLiciE, Plin. xviii. 19. 
s. 49. Hence Ltrare, to cover the seed when sown with the plough, 
by fixing boards to the plough-share, Plin. xviii. 20. Varr. i. 29. 
when those side furrows were made, Col. ii. 4. These ridges are 
also called Sulci ; for sulcus denotes not only the trench made by 
the plough, but the earth thrown up by it, Virg, G. i. 113. 

The Romans indeed seem never to have ploughed in ridges unless 
when they sowed. They did not go round when they came to the 
end of the field, as our ploughmen do, but returned in the same tract. 
They were at great pains to make straight furrows, and of equal 
brandth. The ploughman, who went crooked, was said Delirare, 
(i. e. de lira decedere ; hence a recto et cequo, et a communi sensu re- 
cedere, to dote, to have the intellect impaired by age or passion, Ho- 
rat. Ep. i. 2. 14. Cic. Orat. ii. 18.) and PRi^VARiCARi, to prevari" 
cate ; whence this word was transferred to express a crime injudicial 
proceedings, Plin. xviii. 19. s. 49. — Seep. 227. 

To break and divide the soil, the furrows were made so narrow, 
that it could not be known where the plough had gone, especially 
when a field had been frequently ploughed, lb. This was occasion- 
ed by the particular form of the Roman plough, which when held 
upright, only stirred the ground, without turning it to a side. 

The places where the ground was left uncovered, {crudum et im* 
motuni,) were called SCAMNA, baulks, lb. (^ Col. ii. 2. 

The Romans commonly cultivated their ground and left it fallow 
alternately, {alternis^ sc. annis,) Virg. G. i. 71. as is still done in 
Switzerland, and some provinces of France. 

They are supposed to have been led to this from an opinion, that 
the earth was in some measure exhausted by carrying a crop, and 
needed a year's rest to enable it to produce another, or from the 
culture of olive-trees, which were sometimes planted in corn-fields, 
and bore fruit only once in two years, Col. v. 7. 8. &; 9. Varr. i. 55. 
Plin. XV. 3. 

A field, sown every year, was called RESTIBHilS ; after a year's 
rest or longer, NOVALIS, fcem. vel novale, or Vervactum, Plin. 
xviii. 19. s. 49. {quod vere semel aratum est.) When a field, after be- 
ing long uncultivated, (rudus vel crudus,) was ploughnd for the first 



448 ROMAN ANTIQUITIES. 

time, it was said PftosciNDi ; the second time, iterari, vel opFRiNGf, 
because then the clods were broken by ploughing across, and har- 
rowing, Festus ; Plin.xv'm. 29. the third time, tertian^ Librari, vel 
in liram redigi ; because then the seed was sown, Varr. i. 29. But 
four or five plouahings were given to stiff land, sometimes nine, 
Virg, G. i. 47. PUn, xviii. 20. Plin. Ep, v. 6. 

To express this, they said, lertio, quarto^ qninlo sulco severe, for 
ter, quater, qninquies, arare. One day's ploughing, or one yoking, 
was called Una ofera ; ten, decern operce, Col. ii. 4. 

Fallow-ground was usually ploughed in the spring and autumn ; dry 
and rich land, in winter ; wet and stiff ground, chiefly in summer : 
Hence that is called the best land, {optima seges,) Bis qu^ solem, 
Bis FRiGORA SENSiT, i. c. bis per (sstatem, bis per hiemem arata, Plin. 
xviii. 20. Virg. G. i. 48. Thus also seges is used for ager or terra, 
Id. iv. 129. Cic. Tusc. ii. 5. Locus ubi prima paretur arboribus Se- 
CEs, i. e. seminarium^ a nursery, Virg. G. ii. 266. but commonly for 
sata, growing corn, or the like, a crop ; as seges lini, G. i. 77. or me- 
taphorically, for a multitude of things of the same kind ; thus, Seges 
virorum, 0\\d. Met. iii. 110. Virg. G. ii. 142. Seges telorum, Mn. 
iii. 46. Seges gloriat, a field, Cic. ML 13. 

The depth of the furrow in the first ploughing, (cum sulcus altius 
imprimeretur,) was usually three-fourths of a foot, or nine inches, 
(sulcus DODRANTALis,) P/in. xviii. 19. Pliuycalls ploughing four 
fingers or three inches deep, Scarificatio, lb. 17. tenui sulco arare^ 
lb. 18. tenui suspender e sulco, Virg. G. i. 68. 

The seed was sown from a basket, (Satoria, sc. corbis, trimodia 
containing three bushels, Col. ii. 9.) It was scattered by the hand,. 
Cic. Sen. 1.5. Plin, xviii. 24. and that it might be done equally, the 
hand always moved with the step as with us, lb. 

The Romans either sowed above furrow, {in lira,) or under fur- 
row, (sub sulco,) commonly in the latter way. The seed was sowa 
on a plain surface, and then ploughed, so that it rose in rows, and 
admitted the operation of hoeing. It was sometimes covered with 
rakes and harrows, (rastris, vel crate dentata,) Plin. xviii. 20. 

The principal seed-time, {tempus sativum, sationis, v. seminationis, 
vel sementum faciendi,) especially for wheat and barley, was from the^ 
autumnal equinox to the winter solstice, Firg. G. i. 208. and in 
spring as soon as the weather would permit. Col. ii. 8. Varr. \. 34. 

The Romans were attentive not only to the proper seasons for 
sowing, but also to the choice of seed, and to adapt the quantity and 
kind of seed to the nature of the soil, Varr. i. 44, Virg. G. u 193. 
Plin. xviii. 24. s. 55. 

When the growing corns, {segetes, vel sa/flr, -orura,) were too luxi*» 
riant, they were pastured upon, depascebantur,) Virg. G. i. 193. 

To destroy the weeds, two methods were used; SARCULATIO 
vel sarritio, hoeing ; and RUNCATIO, weeding, pulling the weeds 
with the hand, or cutting them with a hook. Sometimes the grow- 
ing corns were watered, {rigabantur,) Virg. G. i. 106. 

In some countries, lands are said to have been of surprising fertili- 
ty, {sata cum multojfmnore reddebant, Ovid. Pont. i. 5. 26.) yielding 
an hundred fold, (ecc uno centum,) sometimes more ; as in Pale »tija<& 



AGRICULTURE. 449 

C?e?j. xxvL 12. in Syria and Africa, Varr. i. 44. in Hispania Batica, 
and Egypt, the Leontine plains of Sicily, around Babylon, &c. Plin. 
xviii. 10. & 17. but in Italy in general, only ten after one, (ager cum 
■decimo efficiebat, efferehat^v . fandebat ; dccimo cumfccnore reddebat,) 
Var. i. 44. as in Sicily, Cic, Verr. iii. 47. sometimes not above fouri 
ifrumenta cum quarto respondcbanty) Col. iii. 3. 

The grain chiefly cultivated by ihe Romans was wheat, of dilTer- 
€nt kinds, and called by different names, TRITICUM, siligo, robizs, 
^Iso Far, or adoVf far adoreum^ vel semen adoreum, or simply ado' 
reum ; whence adorea, Vvarlike praise or glory ; Adored aliquem af- 
Jicere, Plaut. Amph. i. 1. 38. i. e. gloria, v. 3. 10. or victory ; be- 
cause a certaiii quantity of corn {ador) used to be given as a reward 
ito the soldiers after a victory, HoraL od, iw. 3. 41. PHn. xviii. 3. 
No kind of wheat among us exactly answers the description of the 
Roman /ff/*. What rembles it most is what we call spelt. 

FAR is put for all kinds of corn ; whence Farina, meal ; farina 
silignea, vel triticea, simila, vel similago, flos siliginis, pollen iritici, 
flour. Cum fueris nostrm paulo ante farince, i, e. generis velgregis, 
Pers. v. 115. 

Barley, HORDEUM.ve] ordeur/i, was not so much cultivated by 
the Romans as wheat. It was the food of horses, Col. vi. 30. some- 
times used for bread, [panis hordeaceus,) Plin. xviii« 7. s. 14. given 
to soldiers, by way of punishment, instead of wheat, Liv. xxvii. 13. 
In France and Spain, also in Pannonia, Dio. xlix. 36. especially be- 
fore theintroduction of vineyards, it was converted into ale, as among 
us, called coelia, or ceria in Spain, and ctrvisia in France, Plin. xiv. 
22. the froth or foam of which {spuma) was used for barm or yest in 
.baking, {pro fermento,) to make the bread lighter, xviii. 7. and by wo- 
;men for improving I heir skin, {ad culem nutriendam,) Id. xxii.25. s. 82. 

Oats, AVENA, were cultivated chiefly as food for horses ; some- 
times also made into bread, {panis avenaceus.) Avena is put for a de- 
generate gra.in,{vitiumfrumen'ii, cum hordeum in earn degenerate) Pliru 
xviii. 17. Cic. Fin. v. 30. or for oats, which grow wnld, {steriles avena:., 
i. e. qucB non seruntur,) Serv. in Virg. Eel. v. 37. G. i. 153. 2*26. 

As the rustics used to play on an oaten stalk ; hence uvena is put 
for a pipe, {tibia, vel/siw/a,) Virg. Eel. i. 2. iii. 27. Martial viii. 3. 
So calamus, slipula, arnndo, ehur, &;c. 

Flax or lint (LINUM) was used chiefly for sails and cordage for 
ships; likewise for wearing apparel, particularly by the nations of 
Oaul, and those beyond the Rhine, Plin. xix. 1. sometimes made of 
surprising fineness, Ibid. The rearing of flax was thought hurtful 
.to land. Virgil joins it with oats and poppy, G. i. 77. 

Willows (SAUCES) were cultivated for binding the vines to the 
trees that supported them ; for hedges, Virg. G, ii, 436. and for 
^making baskets. They grew chiefly in naoist ground ; hence udum 
salictum, Horat. od. ii. 5. 8. Liv. xxv. 17. Cato 9. So the osier, si- 
ler ; and broom, genista. Virg. G. ii. 11. 

Various kinds of pulse {legumina) were cultivated by the Romans ; 
^iFABA, the bean ; pisum, pease ; lupinum, lupine xfasllus^phasduSf 

57 



450 ROMAN ANTIQUITIES. 

vel phaseolusj the kidney-bean ; lensj lentil ; cicer v. cicercula, xicia 
V. ervwn, vetches, or tares ; sesamiim, v. -a, &c. These served chief- 
ly for food to cattle ; some of them also for food to slaves and oth- 
ers, especially in times of scarcity ; when not only the seed, but 
also the husks of pods, [dliqucB,) were eaten, Horat. ep. ii. 1. 123. 
Pers. iii. 35. The turnip, {rapum^ v. -a, vel rapiis,) was cultivated 
for the same purpose, P/m. xviii. 13. 

There were several things sown, to be cut green for fodder to the 
labouring cattle ; as ocimum, vel ocynwm,fainum Gmcum, vicia^ a- 
cera, ervum, &c. <fec. particularly the herb medica ; and citysus for 
sheep, Plia. xiii. 24. 

The Romans paid particular attention to meadows, (Prata, quasi 
semper parata, Plin. xviii. 5.) for raising hay and feedftig cattle, by 
cleaning and dunging them, sowing various grass seeds, defending 
them from cattle, and sometimes watering them. Col, ii. 17. 

Hay (Foenum) was cut and piled up in cocks or small heaps of a 
conical figure, {in meias extructum :) then collected into large stacks, 
or placed under covert, Col. ii. 22. When the hay was carried off 
the field, the mowers {foeniseces, vel -ccb) went over the meadows 
again, {prata siliciehant, i. e.falcibus consecahani,) and cut what they 
had at first left. This grass was called sicilimenium, and distinguished 
fxomfcemim. Late hay was called Foenum cardum, Plin. xviii. 28. 

The ancient Romans had various kinds of fences, (septa, sepes, vel 
sipimenta,) a wall, [maceria,) hedge, wooden fence, and ditch, for de- 
fending their marches, (limites,) and corn-fieldsi, Virg. G. i. 270. and 
for enclosing their gardens and orchards, but not their meadows and 
pasture-groimds. Their cattle and sheep seem to have pastured in 
the open fields, with persons to attend them. They had parks for 
deer and other wild beasts. Col. ix. prof, but the only enclosures 
mentioned for cattle, were folds for confining them in the night- 
time, {septa, V. stahida bubilia, ovilia, caprilla, &c.) either in the open 
air, or under covering. Virg. Mn. vii. 512. 

Corns were cut down {metebantiir) by a sickle, or hook, or by a 
scythe ; or the ears {spic<s.) were stripped oftby an instrument, called 
Batillum, i. e. serrula fcrrea, an iron saw, Varr. i. 50. {Falx verri- 
culata rostrata, vel dentata,merga, \e\ pecten ;) and the straw after- 
wards cut, Col. ii. 21. To this Virgil is thought to allude, G. i. 317. 
and not to binding the corn in sheaves, as some suppose ; which the 
Romans seem not to have done. Col. ibid. In Gaul, the corn was 
cut down by a machine drawn by horses, Plin. xviii. SO. 

Some kinds of pylse, and also corn, were pulled up by the root, 
(vellebantur,) Col. ib. et ii. 10. 12. Plin. xviii. 30. s. 72. 

The Greeks bound their corn into sheaves, Homer. 11. xviii. 550. 
as the Hebrews, Gen. xxxvii. 7. v;ho cut it down with sickles, taking 
the stalks in handfuls, {mergites,) as we do, Ruth. ii. 15. 

The corn, when cut, was carried to the threshing-floor, (area,) or 
barn, (horreum,) or in a covered place, adjoining to the threshing- 
floor, called NuBiLARiUM, Col. ii. 21. if the ears were cut off from 
the stalks, they were thrown into baskets, Varr. i. 1. When the 
corn was cut with part of the straw, it was carried in carts or wains, 
(jslaustrUt) as with us, Virg, iu 206. 



AGRICULTURE. 451 

The AREA, or threshing-floor, was placed near the house, Col. i. 
5. on high ground, open on all sides to the wind, of a round figure, 
and raised in the middle, Varr, i. 2. 

It was sometimes paved with flint-stones, Col. i. 6. but usually 
laid with clay, consolidated with great care, and smoothed with a 
huge roller, Virg, G. i. 178. 

The grains of the corn were beaten out, {exculiebantur, iundeban- 
tm-y terebantur vel extej-ebantur,) by the hoofs of cattle driven over 
it, or by the trampling of horses, {equarum gressibus, Plin. xvii. 30. 
Virg. G. iii. 132. Col. ii. 21. hence Jlrea dum messes sole calenU ie- 
ret ; for frumenta in area tereniur, Tibull. i. 5. 22. or by flails, {bam- 
lijfustes, vel perticce,) ibid, or by a machine, called Traha, v. trahea^ 
a dray or sledge, a carriage without wheels ; or TRIBUI.A, vel -um, 
made of a board or beam, set Vv'ith stones or pieces of iron, {tabula 
lapidibusj aid ferro asperata,) with a great weight laid on it, and 
drawn by yoked cattle, {jumentis junctis, ibid, et Varr. i. 52.) 

Tribuia, a threshing-machine, has the first syllable long, from r^if^u^ 
iero,, to thresh : but tribulus, a kind of thistle, (or warlike machine, 
with three spikes or more, for throwing or fixing in the ground, call- 
ed also murex, usually plural, muricas, v. iribuli, caltrops, Plin, xix. 
1. s. 6. Curt. IV. 13. Feget. iii. 24.) has tri short, from t|S{.c, three ; 
/3oXvj, a spike, or prickle. 

These methods of beating out the corn were used by the Greeks, 
Homer, II. xx. 495. and Jews, Isai. xxviii. 27. 

Corn was winnowed, {ventilabalur,) or cleaned from the chaff, 
{acus, -eris,) by a kind of shovel, (vallus, pala, vel vcntilabr}im^ 
which threw the corn across the wind, Var7\ i. 52. or by a sieve, 
{vannus vel cribrum,) which seems to have been used with or without 
wind, Col. ii. 21. as among the Greeks, Homer. 11. xiii. 588, and 
Jews, Is. XXX. 24. Amos. ix. 8. Luke^ xxii. 31. 

The corn, when cleaned, {expurgatum,) was laid up in granaries, 
{horrea vel granaria) variously constructed, Plin. xviii. 30. some- 
times in pits, {in scrobibus,) where it was preserved for many years ; 
Varro says fifty, //. <$' Farr. i. 57. 

The straw was used for various purposes ; for littering cattle, {pe- 
cori, ovibiis buhusque subternebatur, imde Str\men, v. -ttim dictum^) 
Varr. i. 1. 3. for fodder, Plin xviii. 30. and for covering houses : 
whence Culm en, the roof, from culmusy a stock of corn. Id. 

The straw cut with the ears was properly called Palea ; that left 
in the ground, and afterwards cut, Stramen, vel stramentum, \e\sli- 
pula, the stubble, which was sometimes burnt in the fields, to melio- 
rate the land, and destroy the weeds, Id. i^ Virg. G. i. 84 

As oxen were chiefly used for ploughing, so were the fleeces of 
sheep for clothing ; hence these animals were reared by the Ro- 
mans with the greatest care. Virgil gives directions about the breed- 
ing of cattle, {qui cultus habendo sitpecori;) of oxen and horses Car- 
MENTA,) G. iii. 49. 72. of sheep and goats, (greges,) v. 286. also of 
dogs, 404. and bees, iv. as a part of husbandry. 

While individuals Vt^ere restricted by law to a small portion of land, 
and citizens themselves cultivated their own farms, there was abun- 
dance of provisions, without the importation ot grain : and the re- 



452 ROMAN ANTlQUiTmg. 

public could always command tiie service of hardy and brave ^af - 
tiors when occasion required. But in after ages, especially under 
the Emperors, v^^hen landed property was in a manner engrossed by 
a few, Juvenal, ix. 55. and their immense estates in a great measure 
cultivated by slaves, Liv^ vi, 12. Smec. Ep. 114. Rome was forc- 
ed to depend on the provinces, both for supplies of provisions, and 
of men to recruit her armies : Hence Pliny ascribes the ruin first of 
Italy, and then of the provinces, to overgrown fortunes, and too ex- 
tensive possessions, {Latifundia, sc. nimis nmplti, pertlidere Italiam; 
jam vera el provincias^) xviii. 3. & 6. 

The price of land in Italy was increased by an edict of Trajan^ 
that no one should be admitted as a candidate for an office who had 
not a third part of his estate in land, Plin. Ep. \'u 19. 

PROPAGATION of TREES. 

The Romans propagated trees and shrubs much in the same way 
as we do. 

Those are properly called trees {arbores) which shoot up in one 
great stem, body, or trunk, {stirps, truncus, caudex, vel stipes,) and 
then, at a good distance from the earth, spread into branches and 
leaves, {rami et folia ;) shrub.^, (FRUTICES, vel virgnlta,) which 
divide into branches, {rami, v. -idi,) and twigs or sprigs, [virgas, v. 
-w/ce,) as soon as they rise from the root. These shrubs which ap- 
proach near to the nature of herbs, are called by Pliny, svfruiices. 

Virgil enumerates the various ways of propagating trees and 
shrubs, {sylvcR fruiicesfjne,) both natural and artificial ; G. ii. 9. &c. 

I. Some were thought to be produced spontaneously ; as the osier 
{siler) ; the broom, {genista ;) the poplar and willow, {salix.) But 
the notion of spontaneous propagation is now universally exploded. 
Some by fortuitous seeds ; as the chesnut, the escvlus, and oak j 
Some from the roots of other trees; as the cherry, (Cerasus, first 
brought into Italy by Lucullus, from Cerasus, a city in Pontus ; A* 
U. 680. and 120 years after that, introduced into Britain, Plin. xv. 
25. s. 30.) the elm and laurel, {laurus,) which some take to be the 
bay tree. 

II. The artificial methods of propagating trees, were, — 1. By 
suckers, (Stolones, und& cognomen, STOLO, Plin, xvii. 1. Varr, 
h 2.) or twigs pulled from the roots of trees, and planted in furrows 
or trenches, {sulci y. fosses.) 

-^2. By sets, i. e. fixing in the ground branches, {rami, v. taleas,) 
sharpened {acuminaii) like stakes, acuto robore xalli vel pali, cut 
into a point ; sudes quadrifidce, slit at the bottom into four, Firg. 
G. ii* 25. Plin. xvii. 17. or pieces of the cleftwood, {caudices secii,) 
Id. or by planting the trunks with the roots, {stirpes.) Id. When 
plants were set by the root, {cum radice serebantur,) they were call- 
ed ViviRADicES, quicksets, Cic. Sen. 13. 

— 3. By layers, { propagines,) i, e. bending a branch, and fixingit 
in the earth, without disjoining it from the mother-tree, whence 
new shoots spring, {viva sua planlaria terra,) v. 27. This method 
twbs taught by nature from the bramble, {ex mboy) Plin. xvii. 13. s. 



PROPAGATION OF TREES. 453 

^1. It was chiefly used in the vines and myrtles, FiVg. G. ibid, v, 
63. the former of which, however, were more frequently propagated, 

— 4. By slips or cuttings, small shoots cut from a tree, and plant- 
ed in the ground, {surculi, et Malleoli, i. e. surculi utrinque capilu- 
lati) with knops, or knobs, i. e. protuberances on each side, hke a 
small hammer, Plin. xvii. 21. 

— -5. By grafting, or ingrafting, (INSITIO,) i. e. inserting a cion, 
a shoot or sprout, a small branch or graff, (tradux v. surculus,) of 
one tree into the stock or branch of another. There were several 
"Ways of ingrafting ; of which Virgil describes only one ; namely, 
what is called cleft grafting ; which was performed by cleaving the 
head of a stock, and putting a cion from another tree into the cleft, 
{feraces. plantce immittuntur, Ibid, v. 78. Alterius ramos vertere in 
alteriuSjSl. ;) thus beautifully expressed by Ovid, Fissaque adoptivas 
accipit arbor opes. Medic, fac. 6. 

It is a received opinion in this country, that no graft will succeed 
Unless it be upon a stock which bears fruit of the same kind. But 
Virgil and Columella say, that any cion may be grafted on any stock, 
Omnis surcuius omni arbori inseri potest^ si non est e?', cui inseriturf 
cortice dissimilis, Col. v. 11. as apples on a pear-stock, and cornels, 
or Cornelian cherries on a prune or plum-stock, Virg. G. ii. 33. ap- 
ples on a plane-tree, pears on a wild ash, &c. v. 70. Plin. xv. i. 5. 
s. 17. 

Similar to ingrafting, is what goes by the name of inoculation, or 
budding, {ocnlos imponere, inocuiare,\. -alio.) The parts of a plant 
whence it budded, {unde. germinaret,) were called OCULI, eyes, 
Plm, xvii. 21. s. 35. and when these were cut off, it was said occcb- 
cari, to be blinded, Jd. xvii. 22. 

Inoculation was performed by making a slit in the bark of one tree, 
and inserting the bud {gemma v. germen) of another tree, which 
united with it, v. 73. called also Emplastratio, Col. v. 11. But 
Pliny seems to distinguish them, xvii. 16. s. 26. The part of the 
bark taken out, {pars exempta ; angustus in ipso nodo sinus,) was 
called ScuTULA v. tessella, the name given also to any one of the 
small divisions in a chequered table or pavement, Id. See p. 441. 

Forest-trees, {arbores sylveslres,) vv^ere propagated chiefly by 
seeds. Olives by truncheons, {trunci, caudices svcti, v. lignum sic- 
cum,) i. e. by cutting or sawing the trunk or thick branches into 
pieces of a foot, or a foot and a half in length, and planting them ; 
whence a root, and soon after a tree was formed. Fir. G. ii. 30. & 63. 

Those trees which were reared only for cutting, were called Ar- 
bores c.jEDVM, or which, being cut, sprout up again, {succiscs repiJ- 
lulant,) from the stem or root, Plin.x'u. 19. Some trees grew to an 
immense height. Pliny mentions a beam of larix or larch 120 feet 
long, and 2 feet ihick, xvi. 40. s. 74. 

The greatest attention was paid to the cultivation of vines. They 
were planted in ground well trenched and cleaned, {in pastinato, sc. 
tigro,) in furrows, or in ditches, Plin. xvii. 22. disposed in rows, ei- 
ther in the form of a square, or of a quincunx, Virg. G. ii. 277. The 
uttermost rows were called Antes, Id. 417. ^ Festus. 



454 ROMAN ANTIQUITIES^. 

When a %ineyard was dug up, {refodiehatur,) to be planted anew^ 
it was properly said repastinari, from an iron instrument with two 
forks, called pasimwn, Col. iii. 18. which word is also put for a field 
ready for planting, {ager paslinatus,) An old vineyard thus prepared 
was called VinetUxM hestibile, Id* 

The vines were supported by reeds, (arundines,) or round stakes, 
(PALI ; whence riles palarc^ i. e.fulcire vel pcdarc^) or by pieces of 
cleft-oak or olive, not round, {ridicce,) Plin. xvii. 22. which served 
as props, [adminicula, v. pedamenta ;) round which the tendrils {cla- 
viadcB, V. capreoli, i. e. collicidi v. cauliculi vitei iniorti^ ut cincinni, 
Varr. 1. 31.) twined. Two reeds or stakes, {vallifurcaque bidcn- 
ies,) supported each vine, with a stick, {pertica,) or reed across, call- 
ed JuGUM or Cantheiuum, Col. iv. 12. and the tying of the vines to 
it, Capitum conjugatio, et religatio, Cic. Sen. 15. was effected by 
osier or willow-twigs, many of which grew near Ameria in Umbria, 
Virs;. G. i. 265. Cot. iv. 30. 4. Plin. xvi. 37. s. 69. 

Sometimes a vine had but a single pole or prop to support it, with- 
out SiJKgum or cross-pole ; sometimes four poles, with a jugum to 
each ; hence called vitis Compluviata, {a cavis cedlum compluviis,) 
Plin. xvii. 21. if but one jugum, uni juga, 22. Concerning the fast- 
ening of vines to certain trees. See p. 379. The arches formed by 
the branches joined together, {cumpahnites sarmento inter se jungun- 
ter funium modo,) were called Funeta, Plin. xvii. 22. and branches 
of elms extended to sustain the vines, Tabulata, stories, Virg. G, 
li. 311. 

When the branches, (palmites v. pampini,) were too luxuriant, the 
superfluous shoots or twigs {sarmenta) were lopt off with the prunrpg- 
knife, {ferro amputata,) Cic. Sen. 15. Hence Vites compe.scere vel cas- 
iigare ; comas slringere, hrachia tendere, Virg. G. ii. 368. Pampiriare 
for pampinos decerpere, to lop off the small branches, Plin. xviii. 27. 
The highest shoots were called Flagella, Virg. G. ii. 299, the 
branches on which the fruit grew, Palm.'e ; the ligneous, or woody 
part of a vine. Materia ; a branch springing from the stock, Pampi- 
NARiuM ; from another branch, Fructuarium ; the mark of a hack or 
chop. Cicatrix ; whence cicatricpsus, Plin. xvii. 22. Col. v. 6. 

The vines supported by cross stakes in dressing, were usually cut in 
the form of the letter X, which was called Decussatio, Colum. iv. [7. 
The fruit of the vine was called UVA, a grape ; put for a vine, Virg, 
G. ii. 60. for wine, Horat. od. i. 20. 10. for a vine branch, ( pam;;7*m/.<?,) 
Ovid. Met. iii. 666. for a swarm, {examen) of bees, Virg. G. iv. 558. 
properly not a single berry, {acinus, v. -um,) Suet. Aug. 7C*. but a 
cluster, (racemus, i. e. acinorum congeries, cum pediculis,) Col. xi. 2, 
The stone of the grape was called Vinaceus, v. ^um, or acinus vi- 
naceus, Cic. Sen. 15. Any cluster of flowers, or berries, (racemus in 
orhem circ.mnactus,) particularly of ivy, {hedera,) was called CO- 
RYMBUS, Plin. xvi. 34. Virg. EcL iii. 39. Ovid. Met. iii. 665. cro- 
€ei corymhi, i. e. flores. Col. x. 301. 

The season when the grapes were gathered, was called Vindemia, 
the vintage, (a vino demendo, i. e. tivis legendis ;) whence vindemia- 
ior, a gatherer of grapes, Horat. Sat. i. 7. 30. 



PROPAGATION OF TREES. 455 

Tineyards, (VINEiE vel vinela,) as fields, were divided by cross 
paths, called LIMITES ; (hence limitare, to divide or separate ; and 
Umesy a boundary :) The breadth of them v^^as determined by law : 
See lex Mam ilia. A path or road from east to west, was called DE- 
CIMANUS, sc. limes^ {a mensura denum actuum ;) from south to 
north, CARDO, (a cardine mundi,\. e. the north pole ; thus. Mount 
Taurus is called Cardo, Liv. xxxvii. 34. (or semita ; whence aemi* 
tare, to divide by-paths in this direction, because they were usually 
narrower than the other paths. The spaces, [area,) included be- 
tween two semike, were called PAoiNiE, comprehending each the 
breadth of five pali, or capita vitium, distinct vines, Plin. xvii. 22* 
Hence agri Compaginantes, contiguous grounds. 

Vines were planted (serehantur) at different distances, according 
to the nature of the soil, usually at the distance of five feet, some- 
times of eight ; of twenty feet by the Umbri and Marsi, who plough- 
ed and sowed corn between the vines, which places they called Por- 
cuLETA. Vines which were transplanted, {Iranslalce,) bore fruit 
two years sooner than those that were not, {satis,) Plin, ibid. 

The Litnites Decumani were called prorsi, i. e. porro versi, 
straight ; and the Cardines transversi, cross, Festus. From the de- 
cumani being the chief paths in the field ; hence decumanus for ma^- 
nus ; thus, Ova vel poma decumana, Festus. Acipenser decumanus^ 
large, Cic. Fin. ii. 8. So Fluctus decimanus, vel dedtnus, the great- 
est, Ovid, Irist. i. 2. 49. Met. xi. 530. Sil. xiv. 122. Lucan. v. 672. 
Senec, Agamm. 502. as r^ijcuaja, tertius jiuctus, among the Greeks. 
LiMiTEs is also. put for the streets of a city, Liv. xxxi. 24. 

Pliny directs the limites decumam in vineyards to be made eighteen 
feet broad ; and the cardines, or transvtrsi limites, ten feet broad, 
Plin. xvii. 22. s. 35. 

Vines were planted thick in fertile ground, [pingui campo,) and thin- 
ner on hills, but always in exact order, {ad uuguem), Virg. G. ii. 277. 

The Romans, in transplanting trees, marked on the bark the way 
each stood, that it might point to the same quarter of the heaven in 
tiie place where it was set, Virg. G.'u.26Q. Columell. de Arbor. 17.4. 

In the different operations of husbandry, they paid the same at- 
tention to the rising and setting of the stars, as sailors. Id. G. i. 204. 
also to the winds, /d 51. iii. 273. 

The names of the chief winds were, Aqmlo, or Boreas, the north 
wind ; Zephyrus vel Favonins, the west wind ; Auster v. Notus, the 
south vi^ind ; Eurus, the east wind ; Corns, Caurus, vel Japix, the north- 
west ; Africus, vel Libs, the south-west, Senec. Nat. Q. v. 16. Vol- 
turnus, the south-east, &c. But Pliny denominates and places some 
of these^lifferently, ii. 47. xviii. 33. &l 34. Winds arising from the 
land were called Ailanti, or apogcsi ^ from the sea, tropcei, Plin. ii. 44. 

The ancients observed only four winds ; called Venti Cardinales, 
Serv. in Virg. i. 131. because they blew from the four cardinal points 
of the world, Plin. \\. 47. Homer mentions no more, Odyss. E. 295, 
So in imitation of him, Ovid. Met. i. 61. Trist. i. 2. 27. and Mani- 
iius, Astron. iv. 589. Afterwards intermediate winds were added, 
first one, and then two, between each of the vmti Cardinales, 



456 ROMAN ANTIQUITIES 

CARRIAGES of the ROMANS, 

The carriages (Vehicula, vedabula, v. -acula) of the apeients, 
were of various kinds ; which are said to have been invented by dif- 
ferent persons ; by Bacchus and Ceres, Tilmll. ii. 1. A% Minerva, 
Cic. Nat. D, iii. 24. Erichthonius, Virg. G. iii. 113. the Phrygians, 
Plin. vii. 56. &c. 

Beasts of burden were most anciently used, (animalia veljumeri' 
ta DOSSUARIA, vel dorsualia, from dorsum, i. e. iota posterior 
pars corporis, quod ea devexajit, deorsum, Festus.) A dorser, dorsel, 
or dosser, a pannel, or pack-saddle, {clildla vel stratum,) was laid on 
them to enable them to bear their burden more easily, used chiefly 
on asses and mules ; hence Clitellarii, humorously applied to 
porters, gendi vel bajuli, Plant. Most. iii. 2. 94. but not oxen ; hence 
Clitellj: bovi sunt im posits, when a task is imposed on one, 
%vhich he is unfit for, Cic. Alt. v. 1.5. Eos clitellas, sc. portal. 
Quinctil. v. IL 

This covering was by later writers called SAGMA ; put also for 
se//a or ephippium, a saddle for riding on : Hence jumenta sagma- 
HiA, vel sarcenaria. et sellaria, Veget. ii. 10. Lamprid. Hcliog. 4. 
sometimes with a coarse cloth below, (Cento, vel centunculus, a 
saddle cloth. 

A pack-horse was called Caballus, or Cantherius, v. -wm, sc. 
jumentum, {quasi carenterius, i. e. equus castratus, a gelding ; qui 
hoc distat ah equo, quod majalis a verre, a barrow or hog from a 
boar, capus a gallo^ vervex ab ariete, Varro. de re Rust. ii. 7. fin.) 
Cic. Fam. ix. 18. 

Hence minime sis caniherium infossa^ be ROt a pack-horse in the 
ditch, Liv. xxiii. 47. Some make caniherius the same with cliteUa- 
mis, an ass or mule, and read', Mlmme, sc. descendam in viam ; 
Scis, CANTHERiUM IN FOSSA, SC. equtis habcbal obvium, i. e. you 
know the fable of the horse meeting an ass or mule in a narrow way, 
and being trodden down by him, Scheffer. de re vehic. See Swin- 
burne's Travels in the south of Italy, vol. ii. sect. 66. Others suppose 
SLX\ allusion to be here made to the prop of a vine, Gronoxius in loc. 

He who drove a beast of burden, was called AGASO, and more 
rarely Agitator, Virg. G. i. 273. A leathern bag, {sacculus scor- 
ieus) or wallet, in which one who rode such a beast carried his ne- 
cessaries, was called Hipfopera, Senec. ep. 87. Mantica, HoraL 
Sat. i. 8. 106. Pera, vel averta, a cloak-bag or portmanteau, 
Scholiast, ib. or Bulg a, Festus. 

An instrument put on the back of a slave or any other person, to 
help him to carry his burden, was called ^Erumnula, (fromapiw, tol- 
lo,) FURCA vel FURciLLA, Fcstus Plaut. Casiu. ii. 8. 2. and because 
Marius, to diminish the number of waggons, which were an incum- 
brance to the army, appointed that the soldiers should carry their 
baggage, {sarcina:, vasa et cibaria,) tied up in bundles upon furcce, 
or forks ; but the soldiers and these furcce were called MULIMA- 
RIANI, Fest. in ^Erumnula, (^ Frontin. iv. 1. 7. Plutarch, in Mar. 

EXPELLERE, vel EJICERE EXTRUDERE FURCA, VCl fuTcUla, tO dVV^Q 

away by force, Horat. ep. i. I0> 24. Cic. Alt. xvi. % 



CARRIAGES, 45? 

Any thing carried, not on the back, but on the shoulders, or in the 
hands of men, was c.nlled FERCULUM ; as the dishes at anenter-? 
tainment, Suet. Aug. 74. the spoils of a triumph, Id. Cms. 37. the 
images of the gods at sacred games, Id. 76. the corpse and other 
things carried at a funeral. Id. Cal. 16. 

When persons were carried in a chair or sedan, on which they 
sat, it was called SELLA, gestatoria, portatoria, v. fertoria, Suet. 
Ner. 26. or Cathedra, Juvenal, i. 64. vi. 90. in a couch or litter, 
on which they lay extended, LECTICA, vel cubile, Suet. l)om, 
•2. Ovid. A. A. i. 487. used both in the city and on journeys, Tac, 
Hist. i. 35. Ann. xiv. 4. Plin. ep. iii. 5. Suet. 0th. 6. Ner. 26. Vit, 
16. sometimes open, and sometimes covered, Cic. Phil. ii. 41. Alt. 
X. 12. with curtains of skin or cloth. Martial, xi. 99. 11. called Pla- 
cuLa:, Suet. Til. 10. which were occasionally drawn aside, Senec, 
Suet. 7. sometimes with a window of glass or transparent stone, Juv. 
iii, 242. iv. 20. so that they might either read or write, or sleep in 
them, Juv. iii. 249. There were commonly som3 footmen or lackeys, 
who went before the sedan, (cursoresj) Petron. 28. Senec. ep. 123. 

The sell(B and lecticce of women were of a different construction 
from those of men ; hence sella vel lectica muliebris, Suet. Oth. 6. 
The cathedra is supposed to have been peculiar to women, Juv. vi. 
91. Mart. xii. 38. The sella usually contained but one ; the lectica 
one or more. Tacit. Hist. iii. 67. Suet. Ner. 9. Cic. Q-fr. ii. 9. The 
sella had only a small pillow, (cervical,) to recline the head on, Juv^, 
vi. 352. The lectica had a mattress, Senec. ad Marc. 16. stuffed with 
feathers : hence pensiles plumce, Juv. i. 159. sometimes with roses, 
{pulvinus rosd farctus,) Cic. Verr. v. 11. probably with ropes below, 
Mart. ii. 57. 6. Cell. x. 3. 

The sell(£ and lecticce were carried by slaves, called LECTICARII, 
calones, geruli, v. bajuli, Senec. ep. 80. & 110. drest commonly in a 
dark or red penula, Id. ben. iii. 28. tall, (longi v. proceri,) and hand- 
some, Senec. ep. 110. from different countries, Juv. iii. 249. vi. 350. 
vii. 132. viii. 132. ix. 142. They were supported on poles, (ASSE- 
RES, vel amiles,) Id. vii. 132. Mart. ix. 23. 9. not fixed, but re- 
moveable, (exemptiles,) Suet. Cal. 58. placed on the shoulders or 
necks of the slaves, Plin. pan. 22. & 24. hence they were said alir 
quern succolare. Suet. CI. 10. and those carried by them, succollari, 
Id. Oth. 6. who were thus greatly raised above persons on foot, par- 
ticularly such as were carried in the sella or cathedra, Juvenal, iii. 
240. 

The sella was commonly carried by two, Juv. ix. 142. and the lec- 
tica, by four : sometimes by six, hence called hexaphoros. Mart. ii. 
81. and by eight, OCTOPHOROS, v. -urn, Id. Vi. 59. ix. 3. Seep. 
399. 

When the Ijeclica was set down, it had four feet to support it, 
usually of wood, Calull. x. 22. sometimes of silver or gold, j^^Acn. 
V. 10. The kings of India had Lecticce of solid gold, Curt. viii. 9. 

The use of Lecticce is thought to have been introduced at Rome 
from the nations of the East towards the end of the republic. But 
we find them mentioned long before, on journey, and in the army, 

58 



458 ROMAN ANTIQUITIES. 

Liv. xxiv. 41. GelL x. 3. The Emperor Claudius is said first to 
have used a sella covered at top, Dio» Ix. 2. 

They do not seem to have been used in the city in the time of 
Plautus or of Terence ; but they were so frequent under Caesar, 
that he prohibited the use of them, unless to persons of certain rank 
and on certain days. Suet, Cms. 43. CL 28. Those who had not se- 
dans of their own, got them to hire, Juvenal, vi. 352. ix. 142. Hence 
we read in later times of Cokfora et castfwa Leciicariorum, who 
seem to have consisted not only of slaves, but of plebeians of the 
lowest rank, particularly freed-men. Mart. iii. 46. (Sell-se erartt ad 
exonerandum ventrem aptcB, el Privat.e, vel Familiaric^, Varr. R. 
R. i. 14. et Public^., Martial, xii. 78.) 

A kind of close litter carried {gestata v. deportata) by two mules, 
(MuLi, ex equa et ashio ; Hinnuli, v. B jrdones, ex eguo et asrua,) 
Plin. viii. 44. s. 69. or little horses ; Manm, Ovid. Amor. ii. 16. 49. 
i. e. eqm minuli, vel pumilii, s. -iones, dwarfs, was called BASTAR- 
NA, mentioned only by later writers. 

A carriage without wheels, drawn by any animals, was called 
TRAHA, v. -ea vel traga, a sledge, used in rustic work, in beating 
out the corn, See p. 451. (called by Varro, Pcenicum plosttllvm, R. R. 
1. 52. because used for that purpose by the Carthaginians,) and 
among northern nations in travelling on the ice and snow. 

Carriages with one wheel were called Unarota, Hygin. ii. 14. 
A vehicle of this kind draw^n by the hands of slaves, Cmiramaxium, 
Petron. 28. or Arcuma, Festus. A vehicle with two wheels, Biro- 
TUM ; with four, quatrirodium,) TSr^axwXos dityivri, v. Tgr^ar^op^og, qua* 
tuor rotarum currus, Homer. U. f2, 324. 

Two horses yoked to a carriage were called BIGiE, bijugi^ v. bi- 
juges ; three, trigce ; and four, quadi'igcB^ quadrijugi, v. -ges ; fre- 
quently put for the chariot itself, hijvge curriculum^ Suet. Cal. 19. 
quadrijugus currus, A^irg. G. iii. 18. but Curriculum is oftener put 
for cursus, the race, Cic. Rabir. 10. Mar cell. 2. Horat. od. i. 1. 3. 
We also read of a chariot drawn by six horses, joined together 
abreast, {ab Augusta sejuges, sic7d et eiephanii, Plin. xxxiv. 5. s. 10.) 
for so the Romans always yoked their horses in their race chariots : 
Nero once drove a chariot at the Olympic games, drawn by ten 
horses, {aurigavit decemjugem, sc. currum,) Suet. N. 24. See also 
Aug. 94. 

Those w^ho drove chariots in the circus at Rome, with whatever 
number of horses, were called QUADRIGARII, Suet. Ker. 16. from 
the quadriga being most frequently used ; hence Factiones quad- 

RIGARIORUM, FestuS. 

Those who rode two horses joined together, leaping quickly from 
the one to the other, w^ere called DESULTORES ; hence desultor 
V. desertor amoris, inconstant, Ovid. Am. i. 3. 1,5. and the horses 
themselves, Desultor ii, Liv. xliv. 9. Suet. Cas. 39. sometimes suc- 
cessfully used in v\^ar, Liv. xxiii. 29. 

The vehicles used in races were called CURRUS, or curricula, 
chariots, a currendo, from their velocity, having only two wheels, by 



CARRIAGES. 450 

whatever number of horses they were drawn : So those used in war 
by different nations ; of which some were armed with scythes, {cur- 
rus falcatij falcatcB quadrigce,) in different forms, Liv. xxxvii. 41. & 
42. Curt. iv. 9. Also those used by the Roman magistrates, the con- 
suls, praetors, censors, and chief ^diles, whence they were called 
Magistratus curules, GelL iii. 18. and the seat on which these 
magistrates sat in the senate-house, the rostra, or tribina' of justice, 
SELLA CURULIS, because they carried it with them ni chariots, 
Id. (^ hidor. xx. 11. 

It was a stool or seat without a back, (anaclinterium, v. tabulatum 
a tergo surgens in quod redinari posset,) with four crooked feet, fixed 
to the extremities of cross pieces of wood, joined by a common ax- 
is, somewhat in the form of the letter X, (decussatim,) and covered 
with leather, so that it might be occasionally folded together for the 
convenience of carriage, and set down wherever the magistrate 
chose to use it, Plutarch, in Mar, Suet. Aug. 43. Gell. vi. 9. adorned 
with ivory ; hence called Curule ebur, Horat. ep. i. 6. 53. and al- 
TA, Sil. viii. 488. because frequently placed on a tribunal, or because 
it was the emblem of dignity ; Regia, because first used by the 
kings, Liv. i. 20. Virg. JEn. xi. 334. borrowed from the Tuscans, 
Liv. i. 8. Flor. i. 5. in later times adorned with engravings ; conspi- 
cuum signisy Ovid. Pont. iv. 5. 18. 

A carriage in which matrons were carried to games and sacred 
rites was called Pilentum, an easy soft vehicle, [pensile,) Serv. in 
Virg. JEn. viii. 666. with four wheels ; usually painted with various 
colours, hidor. xx. 12. The carriage which matrons used in com- 
mon {festo profestoque) was called Carpentum, Liv. v. 25. named 
from Carmenta, the mother of Evander, Ovid. Fast. i. 620. com- 
monly with two vv^heels and an arched covering ; as the flamines 
used, [currus arcuatus,) Liv. i.21. 48. Suet. Tib. 2. CI. 11. some- 
times without a covering, Liv. i. 34. Women were prohibited the 
use of it in the second Punic war by the Oppian law, Liv. xxxiv. 1. 
which, however, was soon after repealed, lb. 8. — -put for any car- 
riage, rior. i. 18. iii. 2. 10. 

A splendid carriage with four wheels, and four horses, adorned 
with ivory and silver, in tvhich the images of the gods were led in so- 
lemn procession from their shrines, (e sacrariis) at the Circensian 
games, to a place in the Circus, called Pulvinar, Suet. Aug. 45. where 
couches were prepared for placing them on, was called THENSA, 
Festus ; from the thongs stretched before it, {lora tensa,) Asc. in Cic. 
Verr. i. 59. attended by persons of the first rank, in their most magni- 
ficent apparel, Liv. v. 41. who were said Thensam ducere vel dedu- 
CERE, id. (^ Suet. Aug. 43. Vesp. 5. who delighted to touch the thongs 
by which the chariot was drawn, [funemque manu contingere gau- 
dent,) Ascon. ib. Virg. Mn. ii. 2.39. And if a boy, [puer patrimus et 
matrimus) happened to let go (omittere) the thong which he held, it 
behoved the procession to be renewed, Cic. Resp. H. 10. &. 11. 

Under the emperors, the decreeing of a Thensa to any one, was 
an acknowledgment of his divinity, Suet. Cess. 76. 

A carriage with two wheels, fpr travelling expeditiously, was call- 



460 ROMAN ANTIQUITIES. 

ed CISIUM, q. citium, Cic. Phil. ii. 31. S. Rose. 7. Senec. ep. 72, 
the driver, Cisiarius, Ulpian ^ drawn usually by three mules, Jlusom 
ep. viii. 7; its body {capsum, v. -a) of basket-work, (Ploximum, v. 
'laum,) Festus. A larger carriage for trjivelling, with four wheels, 
was called RHEDA, a Gallic word, Quinctil. i. 9. Cic, Mil, lO.JJtL 
Vi 17. vi. 1. or Carruca, Suet. JWr. 30. the driver, Rhedarius, oi* 
Carrucarius, lb. an hired one, Meritoria, Suet. Cces. 57. both also 
used in the city, Martial, iii, 47. sometimes adorned with silver, Plin, 
xxxiii. 11. An open carriage WMth four wheels, for persons of in- 
ferior rank, as some think, was called PETORRITUM, Gell, xv. 
30« Horat, Sati i. 6. 104. also a Gallic word, Festus. 

A kind of swift carriage used in war by the Gauls and Britons^ 
was called ESSEDUM, Cces. B. G. iv. 33. Virg, G. iii. 204. the dri- 
ver, or rather one who fought from it, Essedarius, Cic. Fam. vii. 6. 
C(BS, V. 19. adopted at Rome for common use^ Cic, Phil, ii. 58. Sueti 
Cat. 26. Galb. vi. 18. 

A carriage armed with scythes, used by the same people, COVI^ 
NUS, »Si7. xvii. 418. the driver, Covinarius, Tacit, Agr, xxxv. 36* 
Similar to it, was probably Benna, Festus, 

In the war chariots of the ancients, there were usually but two per- 
sons> one who fought, {bellator), and another who directed the horses^ 
{aur'tga, the charioteer,) Virg. jEn. ix. 330. xii. 469. 624. 737. 

An open carriage for heavy burdens {vehiculum onerarium) was 
Called PLAUSTRUM, or veha (daa^a,) a waggon or wain : generally 
With two wheels, sometimes four ; drawn commonly by two oxen or 
Xnore^ Virg. G. iii. 536. sometimes by asses or mules. A waggon or 
cart with a coverlet wrought of rushes laid on it, for carrying dung or 
the like, was called SCIRPEA^ Varr, L. L. iv. 3. properly the cover* 
let itself, sCi crates , Inplaustro scripea latafuity Ovid. Fast. vi. 780^ 
A covered cart or waggon laid with clothes, for carrying the old or in- 
firm of meaner rank, was called ARCERA, quasi area, Gell, xx. 1. 

The load or weight which a wain could carry at once, {una vectu- 
TO,) wsis called VEHES, -is, Col. xi. 2. 

A waggon with four wheels was also called CARRUS, v. -um, by 
aGalHcname, Ccbs. B. G. i. 6. 26. Liv, x. 28. or Sarracum, Juv, iii. 
255. or EpiRHEDiuM, Id, viii. 66. Quinctil. i. 5. and by later writers^ 
Angaria, vel Clabulare ; also Carragium, and a fortification form- 
ed by a number of carriages, Carrago, Jim. Marcellin, xxxi. 20. 

SARRACA Bootee, v. -tis, or plaustra, is put (or two constellations, 
near the north pole, Juvenal, v. 23. Ovid. Met. ii. 117. called the 
two bears, {Arcti gemincE, vel duce. d^^Tot,) Ursa major, named He^ 
lice, {Parrhdsis, i. e, Arcadica,) Lucan. ii. 237. Cic. Acad. iv. 20. 
Parrhasis Arctos, Ovid, Trist. i. 3. 48. from Callisto, the daugh- 
ter of Lycaon, king of Arcadia, who is said to have been converted 
into this constellation by Jupiter, Ovid, Met. ii. 506. and Ursa minor^ 
called Cynosura, i. e. y^wo^ ^^a, earns cauda, Cic. N. D. ii. 41. Ovid. 
Fast. ii. 106. properly called Arctos, distinguished from the great 
bear, (HelTce,) Ovid. Ep. xviii. m. 

The greater bear alone was properly called Plaustrum, Hygim 
pf&eti. Asiron. h % from its resemblance to a wa^on, Ovid, PonU iv* 



CARRIAGES. 461 

10. 39. whence we call it Charleses zvai?i, or the plough ; and the 
stars which compose it, Tr ion es, Martial, vi. 58. q. Tkriones, plough- 
ing oxen, Farr. L. L. vi. 4. Gtll. ii. 21. seven in number, SEPTEM- 
TRIONES, Cic. ib. 42. But plaustra in the plur. is applied to both 
bears ; hence called Gemini Triones, Virg. Mn. i. 744. also inoc- 
cidui, X. nunquam occidentes, because they never set, Cic. ib. Oceani 
meluentes cerfuore tingi, Virg. G. 246. for a reason mentioned, Oxid, 
Fast. ii. 191. and tardi vel pigri, because from their vicinity to the 
pole, they appear to move slow, Meque se qubquam in coclo commo- 
Tent, Plant. Amph. i. 1. 117. 

The Ursa Major is attended by the constellation BOOTES, q. 
hubulcus, the ox-driver, Cic. K. D. ii. 42. said to be retarded by the 
slowness of his wains, Ovid. Met. ii. 177. named also Arctophylax, 
q. urscB custos, Manil. i. 316. Custos Erymanthidos UrscB, Ovid. Trist. 
i. iii. 103. into which constellation Areas, the son of Callisto by Ju- 
piter, was changed, and thus joined with his mother, Ovid. Met, ii. 
506. viii. 206. A star in it of the first magnitude was called ARC- 
TURUS, q. afXTou o-j^a, nrs(z cauda ; Stella post caudam urs.e 
MAJORis, Serv. in Virg. JEn. i. 744. iii. 516. G. \. 204. said to be the 
same with Bootes, Id. G. i. 67 as its name properly implies, a^xrz 
h^os, ursce custos. Around the pole moved the dragon, {draco v, 
dnguis ; geminas qui separat Arctos, Ovid. Met. ii. 45.) approaching 
the ursa major with its tail, and surrounding the xirsa minor with its 
body, Virg, G, i. 244. 

The principal parts of a carriage were, 1. The wheels, (ROT^,) 
the body oT the carriage, (CAPSUM, us, v. -a, Ploxemum, v. -us, 
Festus,) and draught-tree, TEMO ; to which the animals which 
drew it were yoked. 

The wheels consisted of the axle-tree, (AXIS,) a round beam 
{lignum, V. stipes teres,) on which the wheel turns : the nave, {modi^ 
olus,) in which the axle moves, and the spokes, (radii,) are fixed : 
the circumference of the wheel, (peripheria, v. rotcB summfK curva- 
tura, Ovid. Met. ii. 108.) composed of fellies, (apsides,) in which the 
spokes are fastened, commonly surrounded with an iron or brass 
ring, (canthus,) Quinctil. i. 5. 8. Pers. v. 71. Virg. JEn. v. 274. 

A wheel without spokes (non radiata,) was called TYMPANUM, 
from its resemblance to the end of a drum. It was made of solid 
boards, [tabulae,) fixed to a square piece of wood, as an axis, with- 
out a nave, and strengthened by cross-bars, (iransversis asseribus,) 
with an iron ring around, (ferreus canthus ;) so that the whole turn- 
ed together on the extremites of the axis, called Carbines, Probus 
in Virg. G. i. 163. Such wheels were chiefly used in rustic wains, 
Ibid. ^ G. ii. 444. as they still are in this country, and called tum- 
blers. Tympanum, is also put for a large wheel, moved by horses 
or men, for raising weights from a ship, or the like, by means of pul- 
lies, (trochlecB,) ropes, and hooks, a kind of crane, [tolltno, grus, v. 
yj^avo?.) Lucret. iv. 903. or for drawing water, (machina hausto- 
ria,) Vitruv. x. 9. Curva, antlia, Mart. ix. 19. Ancla v. Antha, 
Suet, Tib. 51. (avrXriixa, John, vi. 11.) Haustum, v. rota aquaria^ 
^uietimes turned by the force of water, Lucret, v. 317. the water 



462 ROMAN ANTIQUITIES. 

was raised through a siphon, (^sipho v. on^jiskda, v. canalis,) by the 
force of a sucker, (embohis v. -Km,) as in a pump, or by nneans of 
buckets, {modioli, v. hamce,) Juvenal, xiv. 305. Water engines 
were also used to extinguish fires, Plin. Ep. x. 42. 

From the supposed diurnal rotation of the heavenly bodies, AXIS 
is put for the line around which they were thought to turn, Cic, de 
Univ. 10. Vitrnv. ix. 2. and the ends of the axis, Cardines, verti- 
ces, vel POL I, for the north and south poles, Cic. JV. £). iii. 41. Virg, 
G. i. 242. Plin. ii. 15. Axis and polus are sometimes put for ca- 
liim or cBther ; thus, snb wtheris axe, i. e. sub dio vel aere, Virg. Mn, 
ii. 512. viii. 28. lucidus polus, iii. 585. Cardines mundi quatuor, the 
four cardinal points ; Septentrio, the north ; Merides, the south ; 
Oriens, sc. sol, vel orius solis, the. east ; Occidens, v. occasus solis, 
the west : Quinctil. xii. 10. 67. cardo Eons, the east. Slat. Theb. i. 157. 
occiduus, V. Hesperius, the west, Lucan. iv. 672. v. 71. In the north 
Jupiter was supposed to reside ; hence it is called Domicilium Jo- 
vis, Serv. in Virg. J3n. ii. 693. Sedes deorum, Festus in Sinistra 
aves : and as some think, porta coeli, Virg. G. iii. 261. thus, Tern- 
pestas averlice, for a septenlrione, lb. ii. 310. 

The animals usually yoked in carriages, were horses, oxen, asses, 
and mules, sometimes camels. Suet. JsPer. 11. Plin. viii. 18. ele- 
phants. Cart. viii. 9. Plin. viii. 2. Suet. CI. 11. Senec. de Ir. ii. 31. 
and even lions, Plin. viii. 16. tigers, leopards, and bears, Martial, i. 
105. dogs, Lamprid. Haliog. 28. goats and deer. Mart. i. 52. also 
men, Plin. xxxiii. 3. Lucan. x. 276. and women, Lamprid. ib. 29. 

Animals were joined to a carriage, {vehiculo v. ad vehiculum jun- 
gebantur, Virg. ^En. vii. 724. Cic. Att. vi. 1. Suet. Caes. 31.) by 
what was called JUGUM, a yoke ; usually made of wood, but some- 
times also of metal, Horat. od. iii. 9. 18. Jerem. xxviii. 13. placed up- 
on the neck, one yoke commonly upon two ; of a crooked form, 
Ovid. Fast. iv. 216. with a bend (curvatura) for the neck of each : 
Hence sub jugo cogere, v. jungere ; colla v. cervices jugo subjicere, 
subdere, submittere, v. supponere, <^ eripere : 3 v gu m subire, cervice, 
ferre, detrectare, exuere, a cervicibus dejicere, excutere, &c. 

The yoke was tied to the ^leck of the animals, and to the pole or 
team with leathern thongs, {lora Suejugia,) Cato, 63. Vitruv. x. 8. 

When one pair of horses was not sufficient to draw a carriage, an- 
other pair was added in a straight line, before, and yoked in the 
same manner. If only a third horse was added, he was bound with 
nothing but ropes, without any yoke. 

When more horses than two were joined abreast, (cequata front e,) 
a custom which is said to have been introduced by one Clisthenes 
of Sicyon, two horses only were yoked to the carriage, called Ju- 
ggles, jugarii, \. juges, {^vj'ioi,) Festus ; and the others were bound 
{appensi vel adjunrti) on each side with ropes ; hence called FU- 
NALES EQUl, Suet. Tib. 9. Stat. Theb. vi. 461. (^£.^a(po^oi, (fsi^am, 
V. rta^T/^^oi,) Dionys. vii. 73. Isidor. xvii. 35. Zonar. Ann. ii. or Fu- 
NES, Auson. epitaph, xxxv. 10. in a chariot of four, (m quadrigis,) 
the horse on the right, dexter, v. primus ; on the left, sinister, 
IcBvus V. secimdus, Id. This method of yoking horses was chiefly 
used in the Circensian games, or in a triumph. 



CARRIAGES. 463 

The instruments by v/hich animals were driven or excited, were 
— 1. The lash or wh\p, Flag rum, v. FF.AGELLUM, (M-a^'^'l,) niade 
of leathern thongs, Scuiica, loris hnrridis, (rxvTo.\r\, {Mnrtial. x. 62.) 
or twisted cords, tied to the end of a stick, sometimes sharpened {acu- 
leali) with sni::ll bits of iron or lead at the end, (HoRRiniLE flagel- 
LUM, Horat, Sat. i. 3. 117.) and divided into several lashes, [tcenicB v. 
lora,) called SCORPIONS, I Kings, xii. II. 

— 2. A rod, (VIRGA, Juvenal, iii. 317. Lncan. iv. 683.) or goad, 
(STIMULUS, i. e.pertica cum cuspide acuta, a pole, or long stick, 
with a sharp point :) Hence stimulos alicuiadhibere, admovere, adderCy 
adjicere ; stimulis fader e, incitare, &c. Adversus stimiilum calces, sc. 
jactare, to kick against the goad, Ter. Phorm. i. 2. 28. z^^os xsvr^a 
Xaxn^s.v, in stimulos calcitrare, Acts, ix. 5. 

— And 3. A spur, (CALCAR, quod calci equitis alligetur j f errata 
calce. cmtctantem impellehal e.quum, Sil. vii. 696.) used only by riders : 
Hence equo calcaria addere, subdere, ^c. Alter freriis cgc.t, alter cal- 
caribus, said by Isocrates of Ephorus and Theopompus, Cic. Alt. vi. 
1. Orat. iii. 9. 

The instruments used for restrc^iiiing and managing horses, were 
— 1. The bit or bridie, (FRyENUivI, pi. -?, v. -a,) said to have been 
invented by the LaplthcE, a people of Thessaly, Firg. G. iii. 115. or 
by one Peletlironius, Plin. vii. 56. the part which went round the 
ears was called Aurea ; that which was put in the mouth, properly 
the iron or bit, Orea, Festus ; sometimes made unequal and rough, 
like a wolf's teeth, particularly when the horse was headstrong, ( te- 
NAx) Liv. xxxix. 5. Ovid. Am. iii. 4. 13. {durior oris equus,) lb. ii. 
9. 30. hence frena Lupata, Horat. od. i. 8. 6. f^irg. G. iii. 208. 
Ovid. Am. i. 2. 15. or Lupi, Id. Trist. iv. 6. 4. Stat. Achill. i. 281. 
Frena injicere, concutere, accipere,maadere, deirahcre, laxare, c^c. Fras- 
nnm mordere, to be impatient under restraint or subjection, Cic. Fam. 
XI. 23. but in Martial. 1. 105. ^ Stat. Syh. i. 2. 28. to bear tamely. 

The bit was sometimes made of gold, as the collars, [monilia,) 
which hung from the horse's neck ; and the coverings lor their backs 
(strata) were adorned with gold and purple, Virg. Mn. vii. 279. 

— 2. The reins (HABENiE, vel Lora ;) hence habenas, corrihcre, 
Jleclere, v. moliri, to manage ; dare, immittere, ejfundere, laxare, per- 
mittere, to let out ; adducem, to draw in, and supprimere, Ovid. Am. 
i. 13. 10. 

To certain animals, a head-stall or Muzzle (Capistrum) was ap- 
plied, Virg. G. iii. 188. sometimes with iron spikes fixed to it, as to 
calves or the like, when weaned, lb. 399. or with a covering for the 
mouth, (j^5ce//« ;) hence Jiscellis capistrare, boves, to muzzle, Plin. 
xviii. 19. (piiiQv, Dent. xxv. iv. os consuere, Senec. ep. 47. But Ca- 
pistrum is also put for any rope or cord ; hence vitem capistm con- 
stringere, io bind, Colume!. iv. 20. Jumenta capistrare, to tie with a 
halter, or fasten to the stall. Id. vi. 19. 

The person who directed a chariot and the horses, was called AU- 
RIGA, ('^v'oxo?, qui lora tenebat :) or agitator, (sKoltt];^) the charioteer 
or driver, Ovid. Met. ii. 327. Cic. Att. xiii. 21. Acad. iv. 29. also 
MODERATOR, Lucan. viii. 199. But these names are applied chiefly 



464 ROMAN ANTIQUITIES. 

to those who contended in the Circus, Suet. Cal. 54. Ner. xxii. 24. 
Plin, ep. ix. 6. or directed chariots in war, Vira;, and always stood 
upright in their chariots, [insisttkant curribns,) PJin. ep. ix. 6. Hence 
AURiGARE for currum regere ; and Aurigarius, a person who kept 
chariots for running in the circus, Suet. ib. 

.Auriga is the name of a constellation, in which are two stars, call- 
ed H^.Di, the kids ; above the horns of Taurus ; Serv. in Virg. ^n. 
ix. 668. On the head of Taurus, are the Hi/ddes, (ab ueiv, plfAire,) 
or SuculcE, {a suibus,) Cic. N. D. ii. 43. Phn. ii. 39. Gell. xiii. 9. 
called Pluvice, by Virgil, ^Ji. iii. 516. and Tristes, by Horace ; be- 
cause at their rising and setting, they were supposed to produce rains, 
Od. i. 3. 14. on the neck, or, as Servius says, G. i. 137. ante genua 
tauri, Plin. ii. 41. in cauda tauri scptem ; PLEIADES, or VERoiLiiE, 
the seven stars ; sing. Pleias vel Plias, Ovid. ep. xviii. 188. 

AarrATOR is also put for agaso, {qui jumenla agebnt) a person who 
drove any beasts on foot, Firg. G. i. 273. But drivers were com- 
monly denominated from the name of the carriage; thus, rhedarius^ 
plaustrarius, &c. or of the animals, which drev^^ it : thus, Mulio, Suet, 
J^er. 30. Senec. ep. 87. Martial, ix. 5S. xii. 24. commonly put for a 
muleteer, who drove mules of burden, [muli clitellarii,) Martial, x. 2. 
&L 76. as eguiso, for a person who broke or trained horses, {equurum 
domllor, qui tolutim incedcre, v. badizare dnctbat, to go with an amb- 
ling pace,) under the Magister Equorurn, the chief manager of horses, 
Varro. The horses of Alexander and Caesar would admit no riders 
but themselves. Curt. iv. 5. Plin. viii. 42. Dio. xxxvii. 54. 

The driver commonly sat behind the pole, with the whip in his 
right hand and the reins in the left; hence he was said sedere prima 
sella, Phaedr. iii. 6. sedere temone, v. prim o iemone, i. e. in sella proxi- 
ma temoni, Stat. Sylv. i. 2. 144. Propert. iv. 8. and temone labi, v, 
excuti, to be thrown from his seat, Virg. JEn. xii. 470. sometimes 
drest in red, (^canusinatus, i. e. veste Canusii, confecta indutus,) Suet. 
Ner. 30. or scarlet, {cocco,) Martial, x. 76. sometimes he walked on 
foot, Liv. 5. 48. Dionys. iv. 39. Senec. ep. 87. 

When he made the carriage go slov^^er, he w^as said, currum equosr 
que sustinere, Cic. Att. xiii. 21. when he drew it back or aside, re- 
torquere et avertere^ Virg. JKn. xii. 48.5. 

Those who rode in a carriage, or on horseback, were said vehi, 
or portari, evehi, or invehi ; those carried in a hired vehicle, {vehicu- 
lo meritorio,) Vectores : so passengers in a ship ; Cic. Nat. D. iii. 
37. 3. Juvenal, xii. 63. but vector is also put for one who carries, 
Ovid. Fast. i. 433. Fulminis vector, i. e. aquila, Stat. Theb. 9. 855. 
as vehens for one who is carried, Cic. Clar. or. 27. Justin, xi. 7, 
Gell. V. 6. SO invehens, Cic. N. D. i. 28. 

When a person mounted a chariot he was said currum conscendere, 
ascendere, inscendere, et insilire, which is usually applied to mounting 
on horseback, saltu in currum emicare, Virg. xii. 327. when helped 
up, or taken up by any one, curru v. in currum tolli. The time for 
mounting in hired carriages was intimated by the driver's moving 
his rod or cracking his whip, Juvenal, iii. 317. to dismount, descen- 
dere v, desilire. 



OP THE CITY. 465 

The Romans painted their carriages with different colours, Scrr. 
in Virg, A. viii. 666. and decorated them with various ornaments^ 
with gold and silver, and even with precious stones, Plin. xxxiii. 3. 
Juvenal, vii. 125. as the Persians, Curl, iii. 3. x. 1. Hence Ovid, 
MeL iu 107. 

Of the CITY. 

Rome was buiit on se%'en hills, [colics, monies, arces, vel juga^ 
nempe, Palatmus, Quirinalis, Jivenllnus, CcbUus, Vimmalis, Exqui- 
iinus, et Janicularis ;) hence called urhe SEPTICOLLIS ; or Sep- 
TEMGEMiNA, Stat. Si/lv. \. 2. 191. iv. 1. 6. by the Greeks, l<rTaXo(po?, 
Serv. m .^n. \'u 784. G. ii. 53.5. and a festival was celebrated in De- 
cember, called Septimontium, Festus, Suet. Dam. 4, to commemo- 
rate the addition of the 7th hill, Plutarch, q. Rom. 68. 

The Janiculum seems to be improperly ranked by Servius among 
the seven hills of Rome ; because, though built on, and fortified by 
Ancus, Liv, i. 33. it does not appear to have been included within 
the city. Id. ii. 10. 51. Dio, 37. Gcll. xv. 27. although the contrary 
is asserted by several authors, Entrop. i. .5« The Col lis Capitolinus, 
vel TarpeiuSf which Servius omits, ought to have been put instead 
of it. 

The Janiculum^ Collis Hortulorum, and Vatkunus, were after- 
wards added. 

L Mons PALATINUS vel PALATIUM, the Palatine mount, on 
which alone Romulus built, Liv. i. 5. Here Augustus had his house, 
and the succeeding emperors ; as Romulus had before : Hence the 
emperor's house was called PALATIUM, a palace, Suet. 72. Dio, 
liii. 16. DoMus PALATiNA^.Sue^. CI. 17. Vesp. 25, D. 15. and in later 
times, those who attended the Emperor, were called Palatini. 

2. CAPITOLINUS ; so called from the Capitol built on it, for. 
merly named Saturmus, from Saturn*s having dwelt there, Justin. 
xliiu 1. Virg. ibid, and TARFEIUS, from Tarpeia, who betrayed 
the citadel to the Sabines, Liv. i, 11. Dionys. ii. 38. to whom that 
mount was assigned to dwell in, Liv. i. 33. 

3. AVENTINUS, the most extensive of all the hills, Dionys. iv. 
26. named from an Alban king of that name, who was buried on it, 
Liv. i. 3. the place which Remus chose to take the omens, lb. 6, 
therefore said not to have been included within the Pomcerium^ 
Gell. xiiu 14. Senec. de brev. vitae, 14. till the time of Claudius, Ibid. 
But others say, it was joined to the city by Ancus, Lav, i. 33. Dio- 
nys. iii. 42. called also Collis Murcius, from Murcia, the goddess of 
sleep, who had a chapel, (sacellum,) on it, Feslus ; Collis Dianje, 
from a tempb of Diana, Stat. Silv. ii. 3. 32. and Remonius, from 
Remus, who wished the city to be founded there. 

4. QUIRINALIS, is supposed to have been named from a temple 
of Romulus, called also Quirinus, which stood on it, Horat. ep. ii. 268. 
Ovid. Fast. iv. 375. or from the Sabines, who came from Cttres, and 
<iwelt there, Fcstus ; added to the city by Servius, IJv. i. 44, called 

59 



466 ROMAN ANTIQUITIES. 

in later times, Mons Caballif or Cahallinus,. from two marble horses 
placed there. 

5. CiElJUS, named from Celes Vihenna, a Tuscan leader, who 
came to the assistance of the Romans against the Sabines, with a 
body of men, and got this mount to dwell on ; Varr. L. L. iv. 8. add- 
ed to the city by Romulus, according to Dionys. ii. 50. by Tullus Hos- 
tilius, according to Liv, i. 30. by Ancus Martius, according to Stmho, 
V. p. 234. by Tarquinius Priscus, according to Tacit. Ann, iv. G5. 
anciently called Querquetulanus, from the cmks which grew on it, 
Ibid, in the time of Tiberius, ordered to be called Augustus, Tacit, 
Ann,'w, 64. Swe/. Tib. 48. afterwards named Lateranus, where 
the Popes long resided before they removed to the Vatican. 

6. VIMINALIS, named from thickets of osiers which grew there, 
(vimineia,) Varr. ibid. Juvenal, iii. 71. or Fagutalis, (from fagi, 
beeches,) Plin. xvi. 10. added to the city hj Servius Tullius, Liv, 
i. 44. 

7. EXQUILINUS, Exquili(B,\e\ EsquilicB, supposed to be named 
from thickets of oaks, {(nsculeta,) which grew on it, Varro. L. L. iv. 
8. or from watches kept there (excubice,) Ov. Fast. iii. 246. added to 
the city by Servius Tullius, Liv, i. 44. 

JANICULUM, named from Janus, who is said to have first built 
on it, Virsr. JEn, viii. 358. Ovid, Fast. i. 246. the most favourable 
place for taking a view of the city. Martial, iv. 64. vii. 16. From its 
sparkling sands, it got the name of Mons Aureus^ and by corruption, 

MONTORIUS. 

VATICANUS, so called, because the Romans got possession of 
it, by expelling the Tuscans, according to the counsel of the sooth- 
sayers, {vales,) Festus ; or from the predictions uttered there, Gell. 
xvi. 17. adjoining to the Janiculum, on the north side of the Tiber, 
Horal. od. i. 20. disliked by the ancients, on account of its bad air, 
{infamis aer, Frontin.) Tacit, hist. ii. 93. noted for producing bad 
wine. Mart. vi. 92. xii. 48. 14. now the principal place in Rome, 
where are the Pope's palace, called <S/. Angela, the Vatican library, 
one of the finest in the w-orld, and St. Peter^s church. 

COLLIS HORTULORUM, so called, from its being originally 
covered with gardens, Suet. Ker. 50. taken in to the city by Aurelian ; 
afterwards called Pincius, from the Pincii^ a noble family who had 
their seat there. 

The gates of Rome, at the death of Romulus, were three, or at 
most four ; in the time of Pliny thirty-seven, when the circumference 
of the walls was thirteen miles. 200 paces ; it was divided by Augus- 
tus into fourteen re^iones, wards or quarters, Plin. iii. 5. s. 9. 

The principal gates were, — 1. Porta FLAMINIA, through which 
the Flaminian road passed ; called also Flumentana, because it lay 
near the Tiber. — 2. COLLINA, (a collibus Quirinali et Viminali,) 
called also QUIRINALIS, Agonen'sis vel Salaria, Festus, Liv. v. 
41. Tacit. Hist. iii. 82. To this gate Hannibal rode up, Liv, xxvi. 
10. and threw a spear within the city, Plin. xxxiv. 6. s. 15. Cic, Fin. 
iv. 9.-2. VIMINALIS.— 4. ESQUILINA, anciently Metia, Labica^ 
na, vcl Lavicana, without which criminals were punished, Plant, Cces, 



OF THE CITY. 467 

\l 6.2. Horat. epod. v. 99. Tacit. Ann. ii. 32.-5. NJ^VIA, so call- 
ed from one J^cevius, who possessed the grounds near it, Varr. L. L. 
iv. 34.-6. CARMENTALIS, through which the Fabii went, Liv. 
ii. 49. from their fate called Scehlrat a^ Festus. — 7. Catena, through 
which the road to Capua passed ; — Triumphalis, through which 
those who triumphed entered, Cic. Pis. 23. Suet. Aug. 101. but au- 
thors are not agreed where it stood. 

Between the Porta Fiminalis and Esquilina, without the wall, is 
supposed to have been the camp of the PR.^TORIAN cohorts or 
militcs Pr.etoriani, a body of troops instituted by Augustus to 
guard his person, and called by that name in imitation of the select 
band which attended a Roman general in battle, See p. 321. com- 
posed of nine cohorts, Tacit. Ann. iv. 5. Suet. Aug. 49. according to 
Dio Cassius, of ten, Dio. Iv. 24. consisting each of a thousand men, 
horse and foot, Ibid. (^ Suet. Cal. 4.5. chosen only from Italy, chiefly 
from Etruria and Umbria, or ancient I^atium, Tacit. Ann. iv. 5. Hist. 
i. 84. Under Vitellius, sixteen Praetorian cohorts were raised, and 
four to guard the city. Id. Hist. ii. 93. Of these last, Augustus in- 
stituted only three, hi Ann. iv. ,5. 

Severus new-modielled the praetorian bands, and increased them 
to four times the ancient number, Herodinn. iii. 44. They were 
composed of the soldiers draughted from all the legions on the fron- 
tier, Dio. Ixxiv. 2. They were finally suppressed by Constantine, 
and their fortified camp destroyed, Aurei. Victor. Zosim, ii. p. 89. 
panfgi/ric. 9. 

Those only were allowed to enlarge the city, {pomcerium profer- 
re,) who had extended the limits of the empire. Tacitus, however, 
observes, that although several generals had subdued many nations, 
yet no one after the kings assumed the right of enlarging the pomce- 
riwn. except Sylla and Augustus, to the time of Claudius, Ann. xii. 
23. But other authors say, this was done also by Julius Csssar, Cic. 
Att. xiii. 20. 33. & 3,3. Dio. xliii. 49. xliv. 49. Gell. xiii. 14. The 
last who did it wasAurelian, Voplsc. inAurel. 21. 

Concerning the number of inhabitants in ancient Rome, we can 
only form conjectures. Lipsius computes them in its most flourish- 
ing state at four millions. 

PUBLIC BUILDINGS of the ROMANS. 

I. Temples. Of these, the chief were, 

1. The CAPITOL, so called, because, when the foundations of it 
were laid, a human head is said to have been found, (caput OH vel 
Toil cujusdam,) Liv. i. 38. 55. Dionys. iv. 59. Serv. in Virg. JEn. viii. 
345. — built on the Tarpeian or Capitoline mount, by Tarquinius Su- 
perbus, lb. and dedicated by Horatius, Liv. ii. 8. burnt A. U. 670. 
rebuilt by Sylla, and dedicated by Q. Catukis, A. U. 675. again 
burnt by the soldiers of Vitellius, A. D. 70. Tacit. Hist. iii. 72. and 
rebuilt by Vespasian. At his death it was burnt a third time, and 
restored by Domitian, with greater magnificence than ever, Suet. 
Dam. 5. A few vestiges of it still remain. 

Capitolium is sometimes put for the mountain on which the tem- 



46S ROMAN ANTIQUITIES. 

pie stood : as, Liv,\. 10. 33. 38. ii. 8. &;c, and sometimes for the 
temple itself, Liv. iii. 18. vi. 4. &:c. The edifice of the Capitol was 
in the form of a square, extending nearly 200 feet on each side. It 
contained three Xemples^ (cedes, templa,cell(eYe] delnbra,) consecrat- 
ed to Jupiter, Minerva, and Juno, Dionys. \v. 6\. The temple of 
Jupiter was in the middle, (whence he is called Media qui seclet ade . 
Deus, Ovid, Pont, iv. 9. 32. The temple of Minerva was on the 
right, Liv, vi. 4. whence she is said to have obtained the honours 
next to Jupiter. {Proximos illi (sc. Jovi) lamen occvpavil Pallas ho-* 
nores, Horat. od. i. 12. 19.) and the temple of Juno on the left, P, 
Victor, in descr, Rom, Regionis, viii. Livy however places Juno 
first, iii. 15. So Ovid, Trisf. ii, 291. 

The Capitol was the highest part of the city, and strongly forti- 
fied ; hence called ARX, Virg, ^n, viii. 652, (vel ab ARCEO,(jyodis 
sit locus munitissimus urbis, a quo facillime possit hostis prohiberi, 
Varr. L. L. iv. 32. vela^ dx^og, summus ^) Capitolium atque arx, Liv. 
ii. 49, iii. 5. arx Capilolii, Flor. iii. 21. The ascent to the' Capitol from 
the Forum was by 100 steps. Tacit, Hist, iii. 71. Liv, viii. 6. It was 
magnificently adorned ; the very gilding of it is said to have cost 
12,0C0 talents, i. e. 1,976,350/. Plutarch, in Poplic. hence called 
AuREA, Virg, ib. 348. and fulgens, Horat, od. iii. 3. 43. The gates 
were of brass, Liv, x. 23, and the tiles gilt, Plin, xxxiii, 3. 

The principal temples of other cities were also called by the name 
of Capitol, Suet. Cal, 47. Sil xi. 267. Gell. xvi. 13, Plaut. Circ, il 
2. 19. 

In the Capitol were likewise the temples of- Terminus, IJv. i. 54. 
see p, 245. of Jupiter Feretrius, Jd. iv. 20. J^ep, Jilt, 20. &c. Casa 
Romulii the cottage of Romulus, covered with straw, Liv, v. 53. 
Senec, Helv, 9. Viiruv. ii. I. near the Curia Calabra, Macrob. Sat. 
i. 1. Senec. Contr. i. 6. Ovid. Fast. iii. 183, 

Near the ascent of the Capitol, was the ASYLUM, or sanctuary, 
Liv. i. 8. which Romulus opened, see p. 47. in imitation of the 
Greeks, Serv, in Virg. ^Wm. viii. 342. ii. 761, Stat, Theb. xii. 498. 
Liv. xxxv. 5L Cic. Verr. i» 33. Tacit, Jinn. iv. 14. 

2. The PANTHEON, built by Agrippa, son-in-law^ to Augustus, 
and dedicated to Jupiter Ultor, Plin. xxxvi. 15. or to Mars and Ve- 
nus, Dio. liii. 27. or, as its name imports, to all the gods, see p. 271. 
repaired by Adrian, Spartian. 19. consecrated by Pope Boniface IV. 
to the Virgin Mary, and All Saints, A. D. 607. now called the Ro- 
iunda, from its round figure, said to be 150 feet high, and of about 
the same breadth. The roof is curiously vaulted, void spaces being 
left here and there for the greater strength. It has no windows, but 
only an opening in the top for the admission of light ofabout 25 feiet 
diameter. The walls in the inside are either solid marble or incrust- 
ed. The front on the outside was covered with brazen plates gilt, 
the top with silver plates, but now it is covered with lead. The gate 
was of brass of extraordinary work and size. They used to ascend 
to it by twelve steps, but now they go down as many ; the earth 
around being so much raised by the demolition of houses. 

3. The temple of Apollo, built by Augustus on the Palatine hill, 



PUBLIC BUILDINGS, 469 

Suet. Aug. 29. Veil. ii. 8L in which was a public library, Hor. ep, 
I. 3. 17. where authors, particularly poets, used to recite their com- 
positions, /(/. Sat. i. 10. 38. sitting in full dress, Pers. i. 15. some^ 
times before select judges, who passed sentence on their comparative 
merits. The poets were then said commiiii, to be contrasted or 
matched, Suet. Jug. 89. Juvenal, vi. 435. as combatants, Suet. Aug. 

45. and the reciters, committere opera, Suet. CI. 4. Hence Caligula 
said of Seneca, that he only composed Commissiones, showy decla- 
mations. Suet. CI. 53. 

A particular place is said to have been built for this purpose by 
Hadrian, and consecrated to Minerva, called Athenzeum, AureL 
Vict. — Capitol, in Gordian. 3. Pertinac. 11. 

Authors used studiously to invite people to hear them recite their 
works, Dialog, de Orat. 9. who commonly received them with accla- 
mations, Plia. ep. ii. 14. thus, BENE, pulchre, belle, euge ; Non po- 
test MELIUS, Cic. Orat. iii. 26. Horai. Art. P. 428. Pers. i. 49. 84. 
Mart. ii. Sophos, i. e. sapienter, (tfo^pw^,) scite, docte, Mart. i. 4. 7. 
— 50. 37. — 67. 4. — 77. 9. and sometimes expressed their fondness 
for the author by kissing him. Martial. 1. 4. 7. et 11. 14. 

4. The temple of Diana, built on the Aventine mount, at the in- 
stigation of Servius Tullius, by the Latin States, in conjunction with 
the Roman people, in imitation of the temple of Diana at Ephesus, 
which was built at the joint expense of the Greek States in Asia, 
Liv. i. 45. 

5. The templeof Janus, built by Numa, (index belli et pads,) with 
two brazen gates, one on each side, to be open in war, and shut in 
time of peace, Liv. i. 19. Veil. ii. 38. Plin. 34. 7. Serv. in Virg. i. 
294. vii. 607. shut only once during the republic, at the end of the 
first Punic war, A. U. 529. Ibid, thrice by Augustus, {Janum Quiri^ 
num. i. e. Templum Jani belli potentis, ter clausit. Suet. Aug. 22. 
Janum Quirini, Hor. od. iv. 15. 9.) first after the battle of Actium, 
and the death of Antony and Cleopatra, A. U. 725. Dio. Ii. 20. a 
second time, after the Cantabrian war, A. U. 729. Dio. liii. 26. about 
the third time, authors are not agreed. Some suppose this temple 
to have been built by Romulus, and only enlarged by Numa ; 
Jience they take Janus Quirini for the temple of Janus, built by Ro- 
mulus, Macrob. Sat. i. 9. 

A temple was built to Romulus by Papirius, A. U. 459. Liv. x. 

46. and another by Augustus, Dio. liv. 19. 

6. The Temples of Saturn, Juno, Mars, Venus, Minerva, Neptune, 
<$rc. of Fortune, of which there were many, of Concord, Peace, 6cc. 

Augustus built a temple to Mars Ultor in the Forum August), Suet. 
Aug. 29. Ovid. Fast. v. 551. Dio says, in the Capitol, liv. 8. by a 
mistake either of himself or his transcribers. In this temple were 
suspended military standards, particularly those which the Parthians 
took from the Romans under Crassus, A. U. 701. Dio. xl. 27. and 
which Phraates, the Parthian king, afterwards restored to Augustus, 
Id. liii. 23. together with the captives, Id. liv". 8. Veil. ii. 91. Just. 
xlii. 5. Flor. iv. 12. Eutrop. vii. 5. Suetonius, Aug. 21. and Tacit. 
Amml. ii. 1. say that Phraates also gave hostages. No event in the 



470 ROMAN ANTIQUITIES. 

life of Augustus is more celebrated than this, and on account of 
nothing did he vahie himself more than that he had recovered with- 
out bloodshed, and by the mere terror of his name, so many citizens 
and warlike spoils lost by the misconduct of former commanders. 
Hence it is extolled by the poets, Horat, od. iv. 15. 6. Ep. i. 18. 56. 
Ovid. Trist, ii. 227. Fast, vi, . 105. Virg. JFm. vii. 606. and the 
memory of it perpetuated by coins and inscriptions. On a stone, 
found at jitiryra, now Jlngonri, in'Phrygia, {in lupide Ancyrono,) are 
these words ; Parthos trium exercituum romanorum, (i. e. of the 
two armies of Crassus, both son, Dio. xl. 21. and father, lb. 24. and 
of a third army, commanded by Oppius Statianus, the Lieutenant of 
Antony, Id. xlix. 25.) sfolia et signa rexMittere mihi, sufplk es- 

QUE AMICITIAM POFULI ROMANl PETERE COEGI I And OU SCVCral CoiuS, 

the Parthian is represented on his knees delivering a military stand- 
ard to Augustus, with this inscription, Civib. et sign, milit. a Par- 

THIS. RECEP. Vel BESTIT. vel RECUP. 

II. Theatres, sec p. 303. Amphitheatres, p. 294. and places for 
exercise or amuvsement. 

ODEUM, (oj(5s»ou, and dSu, cano,) a building where musicians 
and actors rehearsed, or privately exercised themselves, before ap- 
pearing on the stage, Cic. Alt. iv. 16. Suet. Dom. 5. 

NYSiPH^EUM, a building adorned with statues of the nymphs, 
and abounding, as it is thought, with fountains and water-falls, which 
afforded an agreeable and refreshing coolness ; borrowed from the 
Greeks, Plin. xxxv. 12. s. 43. long of being introduced at Rome, 
Capitol Gord. 32. unless we suppose it the same time with the tem- 
ple of the nymphs, mentioned by Cicero, Mil. 27. Arusp. 27. 

CIRCI. The Circus Maximus, see p. 287. Circus Flaah- 
Nius, laid out by one Flaminius ; called also Apollinaris, from a 
temple of Apollo near it, Liv. iii. 54. 63. used not only for the ce- 
lebration of games, but also for making harangues to the people, 
Cic. post red. in Sen. 6. Sext. 14. 

The Circus Maximus was much frequented by sharpers and for- 
tune-tellers, (5or/z7e^?,) jugglers, (prcestigiatores,) &lc. hence called 
FALLAX, Horat. Sat. i. 6. 113. 

Several new Circi were added by the Emperors, Nero, Tacit. Ann* 
xiv. 14. Caracalla, Heliogabalus, &c. 

STADIA, places nearly in the form of Circi, for the running of 
men and horses, Suet. Cms. 29. Dom. 5. Hippodromi, placesforthe 
running or coursing of horses. Plant. Bacch. iii. 3. 27. also laid out 
for private use. Martial, xii. 50. especially in country villas, Plin. 
ep. v. 6. but here some read Hypodrdmus, a shady or covered walk, 
which indeed seems to be meant ; as Sidnn. ep. ii. 2. 

PALESTRi*:, GYMNASIA, et XYSTI, places for exercising 
the Atkletce ; See p. 290. & 291. or pancrastiastcs, who both wrestled 
and bpxed, (qui fancratio cerlabant, i. e. omnibus veribns (irau 
x^a«ro?.) Senec. ben. v. 3. Gell. iii. 15. xiii. 27. QninctiL ii. 9. 

These places were'chiefly in the CAMPUS MARTIUS, a large 
plain along the Tiber, where the Roman youth performed their 
exercises, anciently belonging to the Tarquins ; hence called Su- 



PUBLIC BUILDINGS. 471 

pERBi REGIS ACER, Juveiial. vi. 523. and after their expulsion, con- 
secrated tQ Mars, Liv. ii. 5. called byway of eminence, CAMPUS, 
Horat. od. iii. 1. 10. Clc, Cat. i. 5. Off. i. 29. put for the Comilia 
held there, Cic. Oral. iii. 42. hence fors domina campi, Cic. Pis. 2. or 
for the votes ; hence venalis campus, i. e. svffragia, Lucan. i. 180, 
Campi JSCota, a repulse, Val. Max. vi. 9. 14. or for any thing in 
which a person exercises himself ; hence lalissimus direndi campus^ 
in quo licmt oratorl vagari libere, a large field for speaking, Cic, 
Off. i. 18. Acnd. iv. 35. Campus, in quo excurrtre virtus, cognosciqua 
possit, Cic. Mur. 8. 

NAUMACHliE, places for exhibiting naval engagements, built 
nearly in the form of a Circus ; vetus, i. e. Naumachia, Circi, Max^ 
imi, Suet. Tit. 7. AucusTr, Id. 43. Tib. 72. Domitiam, Id. 5. 
Martial. Spect. 28. These fights were exhibited also in the circus 
and amphitheatre, Ibid. See p. 291. 

III. CURliE, buildings where the inhabitants of each Curia met 
to perform divine service, Varro. de L. L. iv. 32. see p. 13. or where 
the senate assembled, (Sknacula ;) p. 19.. 

IV. FORA, public places. Of these the chief was, FO- 
RUM Romawum, Vetus, vel Magnum, a large oblong open space 
between the Capitoline and Palatine hills, now the cow market, 
where the assemblies of the people were held, where justice was 
administered, and public business transacted, S^e p. 73.92. 111. 
&LC. instituted by Romulus, Dionys. ii. 50. and surrounded with 
porticos, shops, and buildings by Tarquinius Prisons, Liv. i. 35. 
These shops were chiefly occupied by bankers, {argentarli ;) hence 
called ArgentarI;?], sc. iaberms, Liv. xxvi. 11. veteres, Plant, 
Cure. iv. 1. 19. hence ratio pecuniarum, quce in foro versat\ir, the 
state of money matters ; Cic. Manil. 7. Jidem de foro tollere, to 
destroy public credit, Cic. Rull. i. 8. in foro versari, to trade, Id, 
Flac. 29. foro cedere, to become bankrupt, Sen. hen. iv. 39. vel in 
foro eum non habere, Cic. Rabir. Post. 15. but de foro decedere, not 

to appear in public, Mep. Alt. 10. in foro esse to be engaged in 
public business. Id. Cat. 1. vel da7e operam foro, Plant. Asin. ii. 4. 
22. fori tabes, the rage of litigation. Tacit. Ann. xi. 6. in nlieno 
foro litigare, to follow a business one does not understand, Martial, 
prcef. xii. 

Around the forum were built spacious halls, called BASILICiE, 
where courts of justice might sit, and other public business be trans- 
acted, See p. 112. not used in early times, Liv. xxvi. 27. adorned 
with columns and porticos, Cic. Varr. iv. 3. v. 58. Att. iv. 16. after- 
wards converted into christian churches. 

The Forum was altogether surrounded with arched porticos, with 
proper places left for entrance, Liv. xli. 27. 

Near the Rostra stood a statue of Marsyas, vel -a, Horat. Sat. i, 
6. 120. who having presumed to challenge Apollo at singing, and be- 
ing vanquished, was flayed alive, Liv. xxxviii. 13. Ovid. Fast. vi. 
707. Hence his statue was set up in the Forum, to deter unjust liti- 
gants. 

There was only one Forum under the republic. Julius Caesar 



472 ROMAN ANTIQUITIES. 

added another ; the area of which cost H, S. millics^ i. e. 807,291/ ; 
13 : 4. Suet, Jul. 26. Plin. xxxvi. 15. s. 24. and Augustus a third, Id, 
xxix. 31. Hence trina fora, Ovid, Trist. iii. 12. 24. Scnec. de Ira, 
ii. 9. Triplex forum, Marlinl. iii. 38. 4. 

Domitian began a fourth Forum, which was finished by Nerva,and 
named from him, FORUM NERVJE, Sud. Dom, 5. called also 
Transitorium, because it served as a convenient passage to the 
other three, Lamprid. in Alex. 28. 

But the most splendid Forum was that built by Trajan and adorn- 
ed with the spoils he had taken in war, Marcellin. xvi. 6. Gell. xiii. 
23. 

There were also various FORA, or market-places, where certain 
commodities were sold ; thus, Forwm BOARIUM, the ox and cow 
market, Feslus / in which stood a brazen statue of a bull, Tacit, xii. 
24. adjoining to the Circus Maximus, Ovid. Fast. vi. 477. Suarium, 
the swine-market ; PISCARIUM, the fish-market ; Olitorium, the 
green-market ; Forum Cupedinis, where pastry and confections 
were sold ; all contiguous to one another along the Tiber : When 
joined together, called MACELLUM, from one Macellus, whose 
house had stood there, Varr. de L. L. iv. 32. Those who frequent- 
ed this place are enumerated, Ter. Eun. ii. 2. 25. 

V. PORTICUS, or piazzas, were among the most splendid orna- 
ments of the city. They took their names either from the edifices 
to which they were annexed ; as Porticus Concordice, Apollinis, Qui' 
rini, Herculis, Theatri, Oirci, Amphitheatri, &c. or from the builders 
of them ; as Porticus Pompeia, Livia^ Octavia, Agrippce^ &c. used 
chiefly for walking in or riding und^r covert, Ovid. Art, Am. i. 67. 
Cic. Dom. 44. See p. 422. 

In Porlicos, the senate and courts of justice were sometimes held, 
Appian. Bell. civ. ii. p. 500. Here also those who sold jewels, pic- 
tures, or the like, exposed their goods. 

Upon a sudden shower, the people retired thither from the thea- 
tre, Vitruv. V. 9. Soldiers sometimes had their tents in porticos, Ta- 
cit. Hist. i. 31. There authors recited their works, Juvenal, i. 12. 
philosophers used to dispute, Cic. Oral. ii. 20. Propert. ii. 33. 45. 
particularly the Stoics ; whence their name, (from tfroa, porticus), 
because Zeno, the founder of that sect, taught his scholars in a por- 
tico at Athens, called Poecile^ ("jroixiXrj, varia^ picta,) adorned with va- 
rious pictures, particularly that of the battle of Marathon, Cic. Mur, 
29. Pcrs. iii. 53. Kep. Milt. 6. So Chrysippi porticus y the school of, 
Horat. Sat. ii. 3. 44. See p. 370. 

Porticos were generally paved, {pavimentatcB,) Cic. Dom. 44. Q. 
fr. iii. 1. supported on marble pillars, Senec. Ep. 115. and adorned 
with statues, Ovid. Fast. v. 563. Trist. iii. 1. 59. Propert, ii. 23. 5. 
Suet. Aug. 31. 

VI. COLUMNiE, (sriKai, vel suXoi,) columns or pillars properly 
denote the props or supports, (fulcra) of the roof of a house, or of 
the principal beam on which the roof depends, {columen ;) but this 
term came to be extended to all props or supports whatever, espe- 



PUBLIC BUILDINGS, 473 

cially such as are ornamental, and also to those structures which 
support nothing, unless perhaps a s^dtue, or globe, or the like. 

A principal part of architecture consists in a knowledge of the 
different form, size, and proportions of columns. 

Columns are variously denominated from the five different orders 
of architecture, Doric, Ionic, Corinthian, Tuscan, and Composite, i. 
e. composed of the first three. 

The foot of a column is called the base, {basis, Plin. xxxvi. 23. g. 
56.) and is always made one half of the height of the diameter of the 
column : That part of a column on v/hich it stands, is called its pedes- 
tal, {slylobates, vel -ta,) the top, its chapiter or capital, {epistylium, 
caput vel capiiulum,) and the straight part, its shaft, (scapus.) 

Various pillars were erected at Rome in honour of great men, and 
to commemorate illustrious actions, Plin. xxxiv. 5. thus, Columna 
iENEA, a brazen pillar, on which a league with the Latins was written, 
Liv, ii. 33. Columna rostrata, a column adorned with figures of 
ships in honour of Duilius, in the Forum ; see p. 475. of white mar- 
ble, Sil. vi. 663. still remaining with its inscription ; another in the 
Capitol, erected by M. Fulvius, the Consul, in the second Punic war, 
Liv. xlii. 20. in honour of Caesar, consisting of one stone of Numidian 
marble, near twenty feet high, Suet., Jul. 86. of Galba, Id. G. 23. 

But the most remarkable columns were those of Trajan and Antor 
pinus Pius. 

Trajan's pillar was erected in the middle of his Forum, composed 
of twenty-four great pieces of marble, but so curiously cemented as 
to seem but one. Its height is 128 feet ; according to Eutropius, 
144 feet, viii. 5. It is about twelve feet diameter at the bottom 5 
and ten at the top. It has in the inside 185 steps for ascending to 
the top, and forty windows for the admission of light. 

The whole pillar is incrusted with marble, on which are repre- 
sented the warlike exploits of that Emperor and his army, particu- 
larly in Dacia. On the top was a Colossus of Trajan, holding in his 
left hand a sceptre, and in his right, an hollow globe of gold, in which 
his ashes were put ; but Eutropius affirms his ashes were deposited 
under the pillar, viii. .5. 

The pillar of Antoninus was erected to him by the senate after his 
death. It is 176 feet high, the steps of his ascent 106, the windows 
56. The sculpture and other ornaments are much of the same kind 
with those of Trajan's pillar, but the work greatly inferior. 

Both these pillars are standing, and justly reckoned among the 
most precious remains of antiquity. Pope Sixtus V. instead of the 
statues of the emperors, caused the statue of 8t. Peter to be erected 
on Trajan's pillar, and of Paul on that of Antoninus. 

The Romans were uncommonly fond of adorning their houses 
with pillars, Cic. Verr. i. 55. &c. Horat. od. ii. 18. Juven. vii. 182. and 
placing statues between them, {in ilercolumniis,) Cic. Verr. i. 19. a$ 
on temples, Ov. Trist. iii. 1. 61. 

A tax seems to have been imposed on pillars, called Columnarium, 
Qic. Att. xiii. 6. Ccbs. B. C. iii. 28. s. 32. 

60 



474 ROMAN ANTIQUITIES. 

There was a pillar in the Forum^ called Columna Afcenia, from C* 
Msenius, who having conquered the Antiates,A. U. 417. placed the 
brazen beaks oftheir ships on the tribunal in the Forum, from which 
speeches were made to the people ; hence called ROSTRA ; See p, 
75. Plin. xxxiv. 5. s. 11. 

Near this pillar, slaves and thieves, or fraudulent bankrupts, used 
to be punished, Cic. Cluent. 13. Hence insignificant idle per- 
S(ms, who used to saunter about that place, wej-e called Columna- 
Rii, Cic. Fam. viii. 9. as those who loitered about the Rostra and 
courts of justice were called 8ubrostrani, C?"c. Fam. viii. I. and 
SuBBASiLicAHH, Pluut. Cttpt. \v. 2. 35. Comprehended in the Turba 
forenns, or p/ehs urbftna, which Cicero often mentions. 

VII. ARC us TRIUMPH ALES, arches erected in honour of il- 
lustrious generals, who had gained signal victories in war, Die. xlix. 
15. li, 19. liv. 8. several of which are still standing. They were at 
first very simple ; buHt of brick or hewn-stone ; of a semicircular 
figure ; hence called F- rmcks by Cicero, Verr. i. 7. ii. 63. but after- 
wards more magnificent, built of the finest marble, of a square figure, 
with a large arched gate in the middle, and two small ones on each 
side, adorned with colimins and statues, and various figures done in 
sculpture, Juv. x. 136. 

From the vault of the middle gate, hung little winged images of 
victory, with crowns in their hands, which, when let down, they put 
on the victor's head as he passed in triumph. This magnificence 
began under the first emperors ; hence Piiny calls it Novicium in- 
VENTUM, xxxiv. 6. s. 12. 

VHI. TROP^A, trophies, were spoils taken from the enemy, and 
fixed upon any thing, as signs or monuments of victory, (a r^o'xrifuga ;) 
erected {posita vel slatuta^) usually in the place where it was gain- 
ed, and consecrated to some divinity, with an inscription, Virg. JEn, 
xi. 5. iii. 288. Ovid. Art. Amor. ii. 744. Taril. Ann. ii. 22. Curt. vii. 
7. viii. 1. used chiefly among the ancient Greeks, who, for a trophy, 
decorated the trunk of a tree with the arms and spoils of the van- 
quished enemy, Stat. Theb. ii. 707. Juv. x. 133. Those who erect- 
ed metal or stone, where held in detestation by the other states, Cic, 
de Invent, ii. 23. nor did they repair a trophy when it decayed, to 
intimate, that enmities ought not to be immortal, Plutarch. Quasi, 
Rom. 36. Diod. Sic. 13. 

Trophies were not much used by the Romans, who, Florus says, 
never insulted the vanquished, iii. 2. They called any monuments 
of victory by that name, Cic. Arch. 7. Dom.. 37. Pis. 38. Plin. pa- 
neg. 59. Plin. nat. hist. iii. 3. s. 4. 20. s. 24. Thus the oak tree, 
with a cross piece of wood on the top, on which Romulus carried the 
spoils of Acron, king of the Caeninenses, is called by Plutarch 
T^o'^aiov : by Liv. ferculum, i. 10. or, as others read the passage, 
PERETRUM. Troposum is also put by the poets for the victory itself, 
Horal. od. ii. 19. J^tp. Themist. 5. or the spoils, Firg. G. iii. 32. 

It was reckoned unlawful to overturn a trophy, as having been 
consecrated to the gods of war. Thus Caesar left standing the 



PUBLIC BUILDINGS. 475 

trophies which Pompey, from a criminal vanity had erected on the 
Pyrenean mountains, after his conquest of Sertorius and Perpenna 
in Spain, Dio. xli. '24, Stmh. iii. p. 156. and that of Mithridates over 
Triarias, near Ziela, in Pontus, IcL xlii. 48. but reared opposite to 
them monuments of his own victories ; over Afranius an 1 Petreius 
in the former place, and over Pharnaces, the son of I^lithridates, in 
the latter, Md. The inscription on Caesar's trophy on flie Alps we 
have, Plin, lii. 20. s. 24. Drusus erected trophies near the Elbe, for 
his victories over the Germans. Dio. Iv. J. Ftor. iv. 12. 23. Ptole- 
my places them {inter Canduam et Luppiam), ii. 11. 

There are two trunks of marble, decorated like trophies, still re- 
maining at Rome, v.'hich are supposed by some to be those said to 
have been erected by Marius over Jugurtha, and over the Cimbri 
and Teutoni, vel -es, 8uet. Jul. 11. Val. Max. vi. 9. 14. But this 
seems not to be ascertained. 

IX. AQUiEDUCTUS,Seep.371. Some of them brought water 
to Rome from more than the distance of sixty miles, through rocks 
and mountains, and over valleys, Plin. xxxvi. 1.5. s. 24. supported 
on arches, in some places, above 109 feet high, one row being placed 
above another. The care of them anciently belonged to the Cen- 
sors and iEdiles ; afterwards certain officers v*'ere appointed for 
that purpose by the Emperors, called Curatores aquarum, with 720 
men, paid by the public, to keep them in repair, divided into two 
hoiWeSy (familice ;) the one called Puhlica, first instituted by Agrip- 
pa, under Augustus, consisting of 260; the other Fawilia C.esaris, 
of 460, instituted by the Emperor Claudius, Frontin. de Aquoiduct. 

The slaves emploj^ed in taking care of the water, were called 
AquARrr, Cic. Fam. viii. 6. Aquaria provincia is supposed to mean 
the charge of the port of Ostia, Cic. Val. 5. Mur. 8. 

A person who examined the height from which water might be 
brought, was called LIBRATOR, Plin. ep. x. 50. 69. the instru- 
ment by which this was done, Aquaria libra, Vilruv. viii. 6. hence 
locus pari libra €um ceguore maris est, of the same height, Colume.lL 
viii. 17. Omnes aquce diversd in urbetn libra perveniunl, from a dif- 
ferent height, Frontin. i. 18. So turres ad libram faciie, of a pro- 
per height, Cces. B. C. iii. 40. Locus ad libellam cequus, quite level, 
Varr. de R. R. i. 6. 

The declivity of an aqueduct {libramentum aqucE.) was at least the 
fourth of an inch every 100 feet, (m centenos pedes sicilici minimum 
erit,) Plin. xxxi. 6. s. 31. according to Vitruvius, half a foot, viii. 7. 
The moderns observe nearly that mentioned by Pliny. If the wa- 
ter was conveyed under ground, there were openings [lumina) every 
240 fieet {in hmos actus.) Ibid. 

The Curator or prcefectus aquarum was invested by Augustus with 
considerable authority, Suet. Aug. 37. attended without the city by 
two lictors, three public slaves, an architect, secretaries, &c. Fron- 
tin. hence, under the late emperors, he was called Consularis 
aquarum, /. 1. C. de Aquced. 

According to P. Victor, there were twenty aquaeducts in Rome, 



476 ROMAN ANTIQUITIES. 

but others make them only fourteen. They were named from thc^ 
maker of them, the place from which the water was brought, or from 
some other circumstance ; thus Aqua Claudia, Appia, Mircia, Ju- 
lia, Cimina. Felix, Virgo, (vel virgineus liquor, Ovid. Pont. i. 8i 
38.) so called, because a young girl pointed out certain veins, which 
the diggers following, found a great quantity of water, Frontin. but 
others give a different account of the matter, Plin. xxxi. 3. Cassio- 
dor. vii. epist. 6. made by Agrippa, Dio. liv. 14. as several others 
V^^ere, Suet. Aug. 42. Dio. xlviii. 32. xlix. 14. 42. 

X. CLOACiE, {a cluo vel conluo, i. e. purgo, Fest. &|Plin.) 
sewers, drains, or sinks, for carrying off the filth of the city into the 
Tiber ; first made by Torquinius Prisons, Liv. i. 38. extending un- 
der the whole city, and divided into numerous branches: the arches 
which supported the streets and buildings were so high and broad, 
that a wain loaded with hay, {vehis, v. -es fatni large oimsta,) might 
go below, and vessels sails in them : Hence Pliny calls them operum 
vmnium dictu maximum, suffossis montibus, atque urhe pensili, suhUr- 
que navigatd, xxxvi. 13. So Slrab. v. p. 225. There were in th^ 
streets, at proper distances, openings for the admission of dii'ty wa- 
tfer, or any other filth, Horat. Sat. ii. 3. 242. which persons were ap- 
pointed always to remove, and also to keep the Cloacce clean, Plin, 
ep. x. 41. This was the more easily effected by the dechvity of the 
ground, arid the plenty of water with which the city was supplied, 
Plin. xxxvi. 15. 

The principal sewer, with which the rest communicated, was call- 
td CLOACA MAXIMA, the work of Tarquinius Superbus, Liv, i, 
56. various cloacce were afterwards made, Liv, xxxix. 44. 

The CloaccB at first were canied through the streets, (per publi- 
cum ductce ;) but by the want of regularity in rebuilding the city, af- 
ter it was burnt by the Gauls, they in many places went under pri- 
vate houses, Liv. v. 55. 

Under the republic, the Censors had the charge of the Cloaca, 
but under the Emperors, Curatores Cloacarum were appointed, 
and a tax imposed for keeping them in repair, called Cloacakium, 
Ulpian. 

XI. YIM. — The public ways were perhaps the greatest of all the 
Roman works, made with amazing labour and expense, extending to 
the utmost limits of the empire, from the pillars of Hercules to the 
Euphrates, and the southern confines of Egypt. 

The Carthaginians are said first to have paved (stravisse) their 
roads with stones : and after them, the Romans, Isidor. xv. 16. 

The first road which the Romans paved, (muniverunt,) was to 
Capua ; first made by Appius Claudius, the Censor, the same who 
built the first aquaeduct, A. U. 441. Liv. ix. 29. Eutrop. ii. 4. after» 
Wards continued to Brundusium, Horat. ep. i. 18. 20. Sat. i. 5. Ta- 
tit. Ann. ii. 30. about 350 miles, but by whom is uncertain ; called 
liEGiNA VI ARUM, Slal. Sylv. ii. 2. II. paved with the hardest flinty 
^b firriily, that in several places it remains entire unto this day,, 
^bove 2000 years ; so broad, that two carriages might pass one an- 



PUBLIC BUILDINGS. 477 

other, commonly however not exceeding fourteen {eet The stones 
were of different sizes, from one to five feet every way, but so art- 
fully joined, that they appeared but one stone. There were two 
strata below ; the first stratum of rough stones cemented with mor- 
tar, and the second of gravel ; the whole about three feet thick. 

The roads were so raised as to command a prospect of the ad- 
jacent country. On each side there was usually a row of larger 
stones, called Margines, a little raised for foot passengers ; hence 
the. roads were said Marginarf, Liv. xli. 27. 

Sometimes roads were only covered with gravel, {glarea,) with 
a foot-path of stone on each side. Ibid. 

Augustus erected a gilt pillar in the Forum, called MILLIARIUM 
AUREUM, Plin. iii. .5. Tacit. Hist. i. 73. Sutt. Oth. 6. Dio. liv. 8. 
where all the military ways terminated, Plut. in Galba, p. 1064. 
The miles however were reckoned not from it, but from the gates of 
the city, 1. 154. D. de V. S. along all the roads, to the limits of the 
empire, and marked on stones ; hence LAPIS is put for a mile ; thus, 
ad tertium lapidem, the same with tria millia passuum ah urbe^ Plin. 
XV. 18. Liv. xxvi. 10. At smaller distances there were stones for 
travellers to rest on, and to assist those who alighted to mount their 
horses, Plutarch, in Gracch. See p. 187. 

The public ways (PUBLICiE VI^) were named either from the 
persons who first laid them out, or the places to which they led : 
thus, VIA APPIA, and near it, Fia NUMICIA, which also led to 
Brundusium. 

Via AURELIA, along the coasts of Etruria ; FLAMINIA, to Ari- 
minum and Aquileia ; CASSIA, in the middle between these twoj 
through Etruria to Mutina, Cic. Phil. xii. 9. Cal ii. 4. ^EMILIA, 
which led from Ariminum to Placentia, Li-o. xxxix. 2. 

Via PR/ENESTINA, to Prcneste ; TIBURTINA, vel TI- 
BURS, to Tibur, Horat. Sat. i. 6. 108. OSTIENSIS, to Ostia ; Lau- 
RENTiNA, to Laurentwn, Plin. ep. ii. 16. Salaria ; so called, because 
by it the Sabines carried salt from the sea, Festus, Martial, iv. 64. 
18. Latina, &:c. 

The principal roads were called PUBLICiE, vel Militares, con- 
sulares, vel prcetorice ; as among the Greeks, [^oLdiKixai, i. e. regi(E ; 
the less frequented roads, PRIVATiE, agrarice, vel vicinales, quia 
ad ngros et vicos ducunt, Ulpian. 

The charge of the public ways was intrusted only to men of the 
highest dignity, Plin. ep. v. 1.5. Augustus himself undertook the 
charge of the roads round Rome, and appointed two men of Praeto* 
rian rank to pave the roads ; each of whom was attended by two 
iictors, Dio. liv. 8. 

From the principal w^ays there were cross-roads, which led to 
some less noted place, to a country -uilla, or the like, called DIVER- 
TICULA, Suet.Xer.AS. Plin. 3i. 3. s. 25. Serv. ad JEn. \x. 379. 
which word is put also for the inns along the public roads, Liv. i. 51. 
Donat. in Ter. Fun. iv. 2. 7. hence for a digression from the prin- 
cipal subject, Liv. ix, 17. Juvenal, xv. 72. 



478 ROMAN ANTIQUITIES. 

But places near the road where travellers rested (qud diverterent 
ad requiescendum,) are commonly called DIVERSORIA, whether 
belonging to a friend, tfje same v»ith Hospiiia, Cic. Fam. vi. 19. or 
purchased on purpose, fb. vii. 23. or hired, [meritorin,) then proper- 
ly called Caupon^p:, Horat. ep. i. 11. 12. or Tabern^. diversori^, 
Plant. True. iii. 2. 29. and the keeper, {Instilor,) of such a place, of 
an inn or tavern, Cx\UPO ; those who went to it, Diversores, Cic, 
Inven. i. 4. Divin. 27. Hence cnmmorandi natura diversorium no- 
bis, non habilandi dedit, Id. Sen. 23. 

In later times, the inns or stages along the road were called MAN- 
SIONES ; commonly at the distance of half a day's journey from one 
another. See p. 314. and at a less distance, places for relays, called 
MUTATIONES, where the public couriers, {publici cursor es vel Ve- 
REDARii,) changed horses. 

These horses were kept in constant readiness, at the expense of 
the Emperor, but could only be used by those employed on the pub- 
lic seivice, without a particular permission, notified to the innkeep- 
ers by a diploma, Plin. ep. x. 14. 121. The Romans had no public 
posts, as we have. 

The first invention of public couriers is ascribed to Cyrus, Xeno- 
plion. Cyrop. viii. p. 496. Edit. Hulchinson. Augustus first introduc- 
ed them among the Romans, Suet. Aug. 49. Plutarch. Galh. But 
they were employed only to forward the public despatches, or to con- 
vey political intelligence, Plin. ep. x. 120. It is surprising they 
were not sooner used for the purpose of commerce and private 
communications. Lewis XI. first established them in France, in the 
year 1474 : but it was not till the first of Charles II. anno 1660, that 
the post-oflice was settled in England by act of parliament, Rapin, 
vol. 2. 622. fol. ed. and three years after the revenues arising from 
it, when settled on the Duke of York, amounted only to 20,000/., lb, 
€80. 

Near the public ways the Romans usually placed their sepulchres ; 
See p. 402. 

The streets of the city were also called VIM, the cross-streets," 
YiM TRANsvERSJC, Cic Verr. iv. 53. thus. Via sacra, Horat. Sat. \, 
-9. NovA, Ovid. Fast. vi. 395. <&c. paved with flint, Juvenal, iii. 270. 
.yet usually dirty, Id. 247. Marl. vii. 60. 6. v. 23. 6. 

The Roman ways were sometimes dug through mountains, as the 
grotto of Puzzoli, Crypta Puleolana, between Putedli and Naples ; 
and carried over the broadest rivers by bridges, (hence/«cere pon- 
lem enfluvio ; jiuvium ponlere jungere, vel cornmittere y pontem jiuvio 
imponere, indere vel injicere.) 

The ancient bridges of Rome were eight in number : 1. Pons 
SUBLICIUS, vel JEmilius, so called, because first tiiade of wood, 
(from su,blic(£, stakes, Liv. i. 33.) and afterwards of stone,4)y ^Emi- 
lius Lepidus ; some vestiges of it still remain at the foot of Mount 
Aventine ; 2. Pons FABRICIUS, which led to an isle in the Tiber, 
(insula,) first built of stone, A. U. 692. Dio. 37. 45. And 3. CES- 
TIUS, which led from the island : 4. SENATORIUS, vel PaMinus, 



PUBLIC BUILDINGS. 479 

near Mount Palatine ; some arches of it are still standing : 5. Pons, 
JANICULI, vel -aris, so narned, because it led to the Janiadum ; 
still standing: 6. Por<6'TRIUMPHALlS, which those whotriunnph- 
ed passed in going to the Capitol ; only a few vesiiges of it remain : 
7. Pons JELIUS, built by yElius Hadrianus ; still standing ; the 
largest and most beautiful bridge in Rome : 8. Pons MILVIUS, 
without the city ; n.)W called Pon(e moUe. 

There are several bridges on the Jlnio or Teveronej the most con- 
siderable of which is Pons Narsis, so called, because rebuilt by the 
eunuch Narses, after it had been destroyed by Totila, king of the 
Goths. 

About sixty miles from Rome, on the Flaminian Way, in the coun- 
try of the Sabines, was Pons Narniensis, which joined two moun- 
tains, near Narnia, or Narni, over the river Nar. built by Augustus, 
of stupendous height and size : vestiges of it still remain ; one arch 
entire, above 100 feet high, and 150 feet wide. 

But the most magnificent Roman bridge, and perhaps the most 
wonderful ever made in the world, was the bridge of Trajan over 
the Danube ; raised on twenty piers of hewn stone, 150 feet 
from the foundation, sixty feet broad, and 170 feet distant from 
one another, extending in length about a mile. But this stupend- 
ous work was demolished by the succeeding Emperor Hadrian, 
who ordered the upper part and the arches to be taken down, un- 
der pretext that it might not serve as a passage to the Barbarians, 
if they should become masters of it ; Dio. Iviii. 13. but in reality, as 
some writers say, through envy ; because he despaired of being able 
to raise any work comparable to it. Some of the pillars are still 
standing. 

There was a bridge atNismes {Nemausum,) in France, which sup- 
ported an aquaeduct over the river Gardon, consisting of three rows 
of arches ; several of which still remain entire, and are esteemed 
one of the most elegant monuments of Roman magnificence. The 
stones are of an extraordinary size, some of them twenty feet long.; 
said to have been joined together, without cement by ligaments of 
iron. The first row of arches was 438 feet long ; the second, 746 ; 
the third and highest, 805 ; the height of the three from the water, 
182 feet. 

In the time of Trajan, a noble bridge was built over the Tagus or 
Tayo, near Alcantara in Spain ; part of which is still standing. It 
consisted of six arches, eighty feet broad each, and some of them 
200 feet high above the water, extending in length 660 feet. 

The largest single arched bridge known, is over the river Elaver, 
or Allier, in France, called Pons veteris Brivatis, near the city Bri- 
oude, in Avergne, from Briva, the name of a bridge among the an- 
cient Gauls. The pillars stand on two rocks, at the distance of 195 
feet. The arch is eighty-four feet high above the water. 

Of temporary bridges, the most famous was that of Caesar over 
the Rhine, constructed of wood, Obs. B. G. iv. 17. 

The Romans often made bridges of rafts or boats, joined to one 
another, Cces. B. G. i. 12. viii. 14. Flor, iii. 5. and sometimes of 



480 ROMAN ANTIQUITIES. 

empty casks or leathern bottles, Herodian. viii. Zozhn. iii. Lucan^ 
iv. 420. as the Greeks, Xenopk: Cyr. iii. 

LIMITS of the EMPIRE. 

The limits which Augustus set to the Roman Empire, and in his 
testament sdvised his successors not to go beyond, Tacit. Jinn. i. 11, 
Dio. Ivi. 33. & 41. were the Atlantic Ocean on the west, and the 
Euphrates on the east ; on the north, the Danube and the Rhine ; 
and on the south, the oataracts of the Nile, the deserts of Africa and 
Mount Atlas ; including the whole Mediterranean Sea, and the best 
part of the then known world. So that the Romans were not with- 
out foundation called Rerum domini, Vkg. JEn. i. 282. and Rome, 

Lux 0RB5S TERRARUM, ATQUE ARX OMNIUM GENTIUM, Cic. Cat. iv. 6. 
TeRRARUM DEA GENTIUMQUE Roma, CUI PAR EST NIHIL, ET NIHIL SE- 
CUNDUM, Mart. xii. 8. Caput orkis terrarum, Liv. 1. 16. xxl. 30. 
Caput rerum, Tacit, hist. ii. 32. Liv. i. 45. Domina Roma, Horat. 
od. iv. 14. 44. Princeps urbium. Id. iii. 13. Regia, Ep. i. 7. 44. 
PuLCHERRiMA RERUM, Firg. G. u. 534. Maxima rerum, JEn. vii. 
602. Sed qucH de septem totum circumspicit orhem montibus, imperii 
Roma deumque, (i. c. principum v. imperalorum) locus, Ovid. Trist, 
i. 4. 69. Dumque suis victrix omnem de montibus orhem prospiciet 
domilum, Martia Roma, Icgar, ib. ii. 7. 51. Caput mundi rerumque 
potestas, Lucan, ii. 136. Septem urbs alta jngis toto qu^e pr^si- 
det ORBi, Propert. iii. 11. 57. 

Agreeably to thp advice of Augustus, few additions were made to 
the empire after his time. Trajan subdued Dacia, north of the Da- 
nube^ and Mesopotamia and Armenia, east of the Euphrates, Eutrop. 
viii. 2. The south of Britain was reduced by Ostorius under Clau- 
dius, and the Roman dominion was extended to the Frith of Forth 
and the Clyde, by Agricola, under Domitian, Tacit. Agric. 23. But 
what is remarkable, the whole force of the empire, although exerted 
to the utmost under Severus, one of its most warlike princes, could 
not totally subdue the nations of the Caledonians, whose invincible 
ferocity in defence of freedom, (devota morti pectora libera, Ho- 
rat. od. iv. 14. 18.) at last obliged that emperor, after granting them 
peace, to spend near two years in building, with incredible labour, 
a wall of solid stone, twelve feet high, and eight feet thick, with forts 
and towers, at proper distances, and a rampart and ditch, from the 
Solway Frith to the mouth of the Tyne, above sixty-eight miles, to 
repress their inroads.* 

The wall of Severus is called by some murus, and by others val-. 
LUM. Spartianus says it was 80 miles long, in vita Severi, 18. & 22. 
Eutropius makes it only 32 miles, viii. 19. See also Victor, Epist. xx. 
4. Orosius, vii. 17. Herodian. iii. 48. Beda, Hist. i. 5. Cassiodorus, 
Chronicon. Cambden.p. 607. edit. 1594. Gordon's Itinerary, c. 7. — r 
9. JO. 65. — 93. Gough's translation of Cambden, v. iii. p. 211. 

* Severu?, in penetrating tkis country, is said to have lost no than less fifty thou- 
sand men, {nevrE ixvptKSai 6Aaj,) Dio. I. Ixxvi. c. 13. — Mr. Hume must have overlook- 
ed this fact, wiien he says, that the Romans entertained a contempt for CaledoniSif 
Hist, of England f vol. 1. p. 10. 8vo. edit. 



LATIN INDEX OF WORDS AND PHRASES. 



A 


P«nre 


- 


Page • 


Paf^G 


ABACUS 


308 Alaj 309, 


,312 


, 319 Armaet tela 


310 


Abalienatio 


5ti Alea & tores 




384 Armamenta 


339 


Acapna 


438 Alio die 




84 Armaria 


402 


AcceMsus 


ICO. 13s AliptcB 




372Ai-millce 


325,357 


Accensi 112, 


, 156, 310 Alnta 




353 Aromata 


373 


Accept! latio 


419Aivei 




334 Arilm v arrhabo 


201 


Acetaria 


442 Amanuensis 




43:) iri'o^alio 


52 


Acies instructa 


319, 323Anabarvales 




262 Arundo 


261 


Acroamata 


302, 378 Ambitus 55, 


184 


, 18s Aruspices 


259 


Acta diurna, &c. 


26 Ambulacra 




370 Arvum 


445 


Actio in rem 


196 Amenta 




352 A rx 


468 


in personam 


ib. Amphitlieatrum 




294 As . 


410 


Praetoria 


ib. Amphora 


381 


, 422 Ascripti glebse 


44 


institoria 


203 Amphorae 




381 Asserlor 


197 


exercitoria 


ib. Ampliatio 




227 Assessores 111 


, 142, 219 




205 Ampulla 




381 Asseres 


457 


pcenalis 


206 Ana;^nosta2 


378 


, 43i Assiduus 


443 


ingrati 


205 Anatocismus 




4l9Astra?a 


241 




206 Anchora 




340 Astrologi 


257 


sepulchri violali 4]0Ancile 




239 Asylum 


47, 468 


Actiones empti, &c. 202 Ancipitia munimenta 


331 Asymbolus 


360 


legis 


162, 179Angipdrtus 




55 Aihenasum 


469 


Acta Caesaris 


166 Animadvertere 


102, l55Athletse 


290 


Actionem edere et 


:pos- Animadversio censoria 


. 118 Atria auctionaria 


57 


tulare 


194 Anima 




895 Atriensis 


376, 438 


Actor 


193, 445Annales 




250 Atrium v. -aula 


435, 437 


Actus 54, 


421, 447 Annuli 


359 


, 395 Attalicae vestes 


367, 437 


legitimi 


162 Anquisitio 




215 Auctio 


57 


Actuarii 


153 Antae 




433 Auctor 


198 


Addictus 


49, 212Anteambulones 




434 legis 


82 


Adimere equuni 
Adimere claves 


35 Antennee 
394 Antepagmenta 






25 
163 




433 Auctores juris 


Adjudicatio 


58 Antes 




ib. Aucloramentum 


291 


Admissionales 


438 Antesignani 




321 Auctoritas 


57 


Adoptio 


52 Anteslari 




193 Seuatus 


22,29 


Ad piletim vocare 


46 Anticum 




435 Auditores 


164 


Adrogatia 


56, 75 Antlquarelegem 




87 Augures 


252 


Adversaria 


224, 426Anllia 


338, 461 Aulaeum 


304, 367 


Advocati 


221 Apophoreta 




58 Aureus 


413,416 


Adytum 


277 Aplustre 




338 Auriga 


289, 463 


^ditui 


271 Apotheca 




431 Auspicia 


83, 252 


^diles plebeiet curules 126 Apparitores 




153 Autagraphus 


428 


iEdilitii 


108 Appellatio 




213 Auxiliares 


309 


jEneatores 


317 Aquarii 




475 Avenar 


449 


jErarium 


130 Aquaeductus 54,371 


, 475 Aventinus mons 


465 


facere 


115 Aquila 




321 Axis 


461 


^s 


411 Ara et Altare 




276 B 




— rude 


ib. sepulchri 




404 Balisaj 


332 


—grave 


412 Aratrum 




446 Balneum 


369 


iEstiraatio litis 


177 Aratores 




444 Barbati 


361 


jEtas Senatoria 


16 Arbiter 




206 Basilica 


112, 470 


Agaso 


456 bidendi 




382Batillum 


450 


Agere cum populo 


124 Arbitrium 




396 Batuera os 


353 


forum V. conv 


entus 162 Arbores casduaj 




453Bollaria 


376 


actum 


212 Arcera 




460 Beneficiarii 


316 


Agger 


314, 332 Arch'imimus 




400 Bibliotheca 


431 


Agitator 


464 Arctijrus 




461 Biblos 


424 


Agmen 


317 Arcus Triuraphale 


;S 


474 Biclinium 


366 


Agnomen 


39 Area 




451 Bidental 


398 


Agnati 


38, 50Area&,Ager 




54 Bigaj 


458 


Agonalia 


283 Arena 




294 Bigati nummi 


413 


Album * 109, 


191,218Argentarii 412,419 


, 470Bissextilis 


282 


senatoriura 


iBArgentum 




414 Bolis 


340 


Ala 


309, 312 Aries 




333 Bombyces 


358 



62 



482 



LATIN INDEX, 







Fage 


Page 


Page 


Bona vacantia 




74 Census Senatorius 16 Coloniae 


71 


Brachia 


339 




69 Col urn 


379, 382 


Braccas 




345Centumviri 


131,207Column3e 


470 


Buccina 




317 Centuriae 


76, 444 Colus 


436 


Bulla 




348 Centuriones 


312Coma?dia 


299 


Buleret Buleutae 




72 Cera prima et extrema CO Commentarii 


250, 428 


Bustuarii 




404 Ceresus 


452 Comperendinatro 


209, 226 


Bustum 




403 Cerberus 


246 Commissatio 


364 


C 




Cera 


236Commitatus 


140 


Cabal I us 




456 Ceroma 


290Comitia 


74 


Caducura 




182 Cervi & Cippi 


331 Calata 


76 


Caerituiii tabulte 




li5Charonit« ^ 


45 — - Centuriata 


76, 79 


Caius, & a 




391 Charta Augusta, Ciau- Curiata 


59,76 


Calamus 




425 dia, &c. 


424 Tributa 


89 


Calcai* 




463 Chirotheca3 


354 Comitiati Tribuni 


167 


Calcei 




352 Chirodotae 


349 Comitium 


75 


Calendarium 




420 Chirographus 


427Commitiales dies 


74 


Calculi 




383 Chlamys 


313 Coramissiones 


469 


Calculus MinervjE 




226 Chorus 


301 Compromissum 


209 


Calices 




381 Choragus 


ib. Conciliabula 


73 


Calig^ 


311 


, 353 Cicatrix 


454 Concilium 


74 


C-ilones 




315 Cinctus Cabinus 


71 Conclamare 


396 


Calurania 


181 


, 213Cingu!um 


349 Conclave 


439 


Calumniaoijurare 




210Ciniflones 


355 Conditores juris 


163 


Camaraj 




338 Cippus 


403, 406 Condictiones 


120 


Camini 




438 Circense 


367 Conferreatio 


386 


Carnpestrc 


290, 349 Circi 


470 Congiarium 


349, 422 


Campus Martius 




470 Circuitores 


316 Congius, et -iarium ih. 


Caudidati 


81 


, 130 Circumscriptio 


123 Conju ratio 


307 


Canes, V. -iculae 




383 Circus Maximus 


287 Connubium 


50 


Cantherium 


454 


, 456 Cisium 


460 Conquisitores 


308 


Capillamentum 




362 Civitates foederatie 73 Consecratio 


410 


Capistrum 




463 Clarigatio . 


305 Consentes dii 


240 


Capitalia Judicia 




214 Classes 


76 Consulares 


108 


Capite censi 




8, 91 CJassiarii 


341 Consiliarii 


142, 210 


Capitolium 




467 Classic! 


78, 341 Constitutiones 


32, 190 


Capsa et arius 




427 Classis 


342Consulessuffecti 


107 


Capulus, & -aiis 




399 Oaves 


434 honorarii 


ib. 


Caput porcinum 




323 Clepsydra 


211, 317 Contubernium 42, 50, 387 


Caput extorem 




274 Clientes 


36 Contubernales 


42, 141, 


V. sors 




438 Clitellai 


456 


315 


Cardinales venti 




455 CloacK 55, 


, 245, 476 Convenire 


208 


Career 




228 Cloacina 


245 Conventus 


142, 387 


Carceres 




288 Clypeus 


310 Cooptare 


121 


Cardines 


455, 


461 Miner vie 


577 Corquus, carptor, 


&c. 376 


Carnifex 




156 Coactores 


155 Cornu 


317 


Carpentum 




459 Cochlea & -area 


376, 442 Cornu velorum 


339 


Carruca 




ib. Codex 


191,429 portus 


347 


Carrus 




460 CodiciUi 


429 Corono civica 


323 


Castella 




371 Coelius incus 


466 villaris, «fec. 


324 


Castra movere 




317 Coemplio 


386 Corona cingere 


331 


iEstiva 




3l4Cceua 


364, 375 Coronare pocula 


382 


Hyberna 






378 Coronorium aurur 






n 143 


stativa 




'ib. nuptialis 


391 Corpus juris 


110, 192 


CatapuHse 




332 Ccenacula 


55 Corrigia 


352 


Caupones, &-na5 




475 Ccenaculum 


365 Corvi 


344 


Causa sontica 




2l5Coercitio 


308 Corymbus 


454 


Causae conjectio 




210 Cognati 


38, 50 Cothones 


344 


Causarii 




307 Cognomen 


38 Cothurni 


353, 475 


Cavea 


294, 304 Cognitiones 


193 Covinus 


460 


Cave canem 




434 Cognitores 


221 Crater 


381 


Celeres 


33, 117 Cohors Prsetoria 


321 Crepidas 


352 


Cenotaphium 


395 


, 409 Collis hortulorum 


466 Cmta 226, 


288, 429 


Censere 22, 24 


, 116 Collegium 


247, 262 Cretati pedes 


41 


Censi 




190 Columna rostrata 328, 473 Cretio hsereditares 


62 


Census 


76 


, 116 Goloni 


444 Crocota 


359 



LATIN INDEX. 



483 



Cryptoporlicus 

Crustae 

Cubicula 

Cubitus 

Cucullus 

Cudo 

Culeus 

Culina 

Culmen 

Cunens 

Cunei 

Cuniculus 

Curiae 

Curiones 

Curules magistratus 

Currus, v. iculu 

Custodes 

Custodise 

Cyathus 

Cyclas 

D 
Dactylotheca 
Deciraatio 



Page. Page 

386, 394 Esse dura 460 

191 Everrae 406 

421 Evocare deos 334 

234 Evocati 308 

243 Exauctoratio 331 

43ExaugiiraUo 52 

68 Excubiae 316, 435 

73 Exceptiones 202 

289 Exercitor navis 203 

424 Exercitus 317 



448 Eximere diem dicendo 23 



Pa^c. 
oTODlffareatio 
381 Digesta 
4.W Digitus 
421 Dii majorum gentium 

351 minorum gentium 

354 Diraensium servorum 
421 Dlminutio capitis 
437 Diamone 
432 Dioscuri 
323 Dlplhera Jovis 
295 Diploma 
333 Dirjfi 
131, 19, 470 Diribitores 

263 Dlrimere suffragia 
458Discalceati 
ih. Disputatio fori 
87DiusFidius 
316Diversoria 
S81, 422 Diverticula 
346 Divinatio 
Divisores 
360Divortium 
330Dixi 
Decemviri litibus judi- Do, dico, addico 

candis 130, 131, 208 Dolium 

agris dividendis 139 Domini 

Decemviri 94, 138 insularum 

Decimani limites 455Dominus 48, 387, 427 Fasces and secures 

Decimanus fluctus ih. Domicilium Jovis 462 Fasciae 

Decreta 27, 190 Dominium 48, 55, 58 Fasti Kalendares 



256Exiiium 

87 Exodia 

ih. Exomis 
352 Exostra 
263 Exsequaj 
244 F 

477 Faba 

ih. Fabri 
253, &c. Faces nupdales 

81 Faces Funebrus 
392Factiones aurigarum 



Decollare 353 Domus& insula 

Decumae 64 Donativum 

Decuriones 73, 312 Dona et Munera 

Decurrere 3 1 7, 404 Dos 

Decussatio 454Dossuaria 

De die et In diem vivere 363 Drachma 



Dedititii 

Deductores 

Delectus 

Delirare 

Denarius 

Depontani 

Deportatio 

Depositus 

Descendere 

Designati 

Designator 

Designatores 

Desultores 

Detestatio sacrorum 

Dexter & sinister 

Diaeta 

Diarium servorum 

Dictator 

Dicam scribere 

Diaicecis 



229 
299 
363 
304 
398 

449 
77 
390 
399 
(289 
225 Familiae ' 38, 42 

109 emptor 59 

379 raancipatio ih. 

427 Far 386, 449 

55 Fascinus 245 

lOO 

352 

249 

440 

242 

245 

263, 305 

352 

440 

377, 457 

399 

283, 286 

353 

413 Duumviri 72, 139,214, 217 Fescennini versus 386 

87 E Fibulae 325,351 



40 Ducenarii 
81, 172 Ducere uxorem 
S06 Ductu et auspicio 
447 Duplicarii 



55, 433 Fastigium 

422 Fata 
58, 404 Faunus 

387Feciales 

456FerainaIia 

414Fenestrae 

146 Fercula 

391 Fererum 

313 Feriae 

325 Ferreae soleae 



66, 229 Ecclesia 72Fidei commissum 
396 Eculeus 222 Fiduciarius pater 
228 Edicta 19. 32, 109, 110 haeres 



89, 102Editiliijudices 
399 Editor Gladiatorum 
295Edulia 
458 Elogium 

76Eraancipatio 
255Emblemata 
439 Emeriti 

43 Eraplastratio 
94, 134 Emptioper aes, &c 

195 sub corono 

l33Endromis 



Diem dicere et prodicere Enuptio gentis 

82, 215 Ephippia 
Dies intercisi 283 Ephibatse 

status ih. Episcopus 

Civilis 282 Epistola 

Coraitiales 74, 109 Epitapbium 

Fasti etnefasti 109, 162 Epithalamium 

Festi 283Equite3 

Justi 212 Ergastulura 

Profesti 283, 287 Esquilinus mens 



222 Filura 
292Fiscus 
375FIagellum 

eOFIamines 

51 Flammeum 
381 Flora 
308, 330 Focal ia 
453 Focus 
51, 59Fcenura 
41, 57 Fcer.us 
290Follis 

50 Fora 
311 Forensia 
341 Fori 

133 Forma provinciae 
32, 429 Forum 
409 Forus 
391 Fraenum 

33 Fritlllus 

43 Frutices 
466FUCU3 



61 

51 
61 

437 
120 
'163 
265 
390 
245 
352 
438 
45o 
418 
369 

•73, 470 

350 

340 

69 

75, 314 
383 
463 
383 
452 



484 



LATIN INDEX. 



Funales equi 462 FTostes 

FiinHtnbuli 3!)2 HyaHes 

Fundi 43,67, 175 Hybiidae 

Funditores 310 ! Jypoo;aea 

Fiinera 398 Hypodidasculus 

Fanes 340 I 

Funus 399 Tdus 

Fnrca 42, 45fi Ignoblles 

Fnrcifer 43 l^nominia 

FuriaB 242 1 1 licet 
Furtum conceptum 165, 203 Implnvium 
Fusus 



Fage Page 

48 Jurare in leges 98, lfi6 

464 Jurecessio 44 

388 Turisdictio 193 

4i.<>./urati homines 222 

428 Jusjnrandum 210 
Jus TEIianum, Flavianum, 



280 &c. 
37 — applicationis 
118, 229 — censuus 
406 — civitatis 
438 — honorarium 



Fustuarium 

G 
Gabinus Cinctus 
Galea 
Galerus 
Galli 

Gallia togata 
Gausapa 
Gemmae 
Genius 
Gentes 
Gentiles 
Ge static 
Gladius et hasta 
Globis vel orbis 
Glutinatores 
Gradas raililares 
Graphium 
Gratiae 



436 Imperator 30, 95, 144, 323 — honorura 
329lmperium 75,96,144 — imaginum 

Inducere senatus consul- — Italicum 



71 turn 
310 Inauguratio 
355, 362lnaurus 
267 Incendiarii 

48 Incestus 
351, 468 Incilia 
360lnciti 
242 Incndi reddere versus 

38 Indictio 
38, 50lndigetes 

370 Inducere nomen 

111 Indusium 

323 Infames 

4301nferiae 

318 Intulee 

425 Ingenui 

238 Injurice 



22, 31 — Latii 
52,253, &c.— militiae 

357 — Quiritium 
171 — 

388 — sacrorum 
445 — sufFragii 
383 — tributorum 



162 

74 

63 

48 

110 

65 

37 

68 

67 

63 

.48 

relationis primae, &c. 33 

65 

48, 65 

63 



Greges et armenta, dist 451 Inoculatio 
Gubernaculum 338 !n procinctu 

341 Inquilinus 
375 Insitio 
372 Insulse 
290, 470 Instil a 
439Insritores 



Gubernator 

Gustatio 

Guttus 

Gymnasium 

Gynaeceum 

Gypsatus 



H 



Habenae 

Habe tibi tuas res 

Haedi 

Haeredes ascendentes 

Haeredium 444 

Haeres et asse, semisse, 62 Interregnum 

Harpagones 344 Interdicta 

Harpastum 369 Iselastici ludi 

Haruspices, &.inae259,275 Iter 



426 — -trjum liberorura 

70 Jus & Lex, &c. 
243 Justafunebria 

60 Justitium 
351 Justus equitatus 
17, 205 K 

407Kalendae 
262 Kalendares fasti 
40 L 

205 Lacerna 
ih. Lacus 
59 Laena 
55, 200Lana " 
453 Lanista 
431 Lapsus rotarum 
346 Laquearia 
475 Lares 
41 Instituta 191 Larvae 

Intestabiles 224 Latafundia 

463 Intercessio tribunorum 22, Latinilas 
394 84, 122 Latus clavus 

464 Interpretes 81 Laudatio 
62 Interrex prodebatur 79,94, Laureatae fores 



55. 



182 
157 
398 
408 
309 

280 
249 

351 

379 
351 
435 
292 
343 
441 



99 Lautumiae 

ib. Lecticae 
111 Lectisternium 
291 Lectus 

54 funebris 



Hastati 

Helciarii 

Heliocaminus 

Helex 

Hei ciscere familiam 

Hermse 

Hetaeriae 

Hexaphorum 

Hexeres 

Hisiriones 

Holocaustum 

Honorarium 

Honorati 

Hordeum 

Horreum 

Horti 

Hospitium 



309 Janiculum 
342jani teraplum 
439 Janitor 
343 Jan ua 
58 Janus 
238 Jentaculum 
174 Jud X quaestiones 
399 Judicem ferre 



243, 386, 402 

402 

452 

/ 67 

18, 350 

224, 401 
434 
228 

399, 457 
273 
367 
396 

141, 313 

141, 145 

29, 176 

193 

137 



142, 



466 Legati 
469 Legati Caesaris 
434 Legatio libera 
433 Legere agere 
241 Leges Curiatae 

364 duodecim tabula- 

218 rum 138,157,160 

208 Regiae 137 

337 Judices ll2, 206, 213 Tabellaria? 86 

298 Pedanei 210 Legem ferre, &.c. 88 

274 Judicem ferre ei 208 Legiones 13, 305, 309 

163 ejerare i&, Legitimi liberi 388 

ll<i)Judicia l92Leguleius 195 

449 Jugerum 424, 447 Lex annalis 97 

450 Jugura 436, 447, 454, 462 Curiata 75 

442Jumentum 194 Regia 33 

374 Juniores 77 Libatae dapes 373 



LATIN INDEX, 



485 





Pa-e 


Pape 


Pagt 


Libatio 


273 iMandata 


19oNaumachia 


291, 470 


Libelli Imperatoris 


32, 191, Manes 


402, 404 Nautse 


340 




428 Mangones 


41 Navales socii 


ib. 


Libellus 


220 Manipulus 


309Navis magister 


203 


Liber 


423 Mansio 


314,478 exercitor 


ih. 


Liberalta 


284 Manuleatus 


349Navicularium facere 341 


Liberi 


40 Manuinissio 


45Navalia 


340, 344 


Liberti et Libertini 


. 40, 17Manum cons-erere 


197 Naves sutiles 


247 


Libitinarii 


396 Manusin jectio 


ib actuariae 


336 


Libra 


411 Mappa et raantile 


369 caudicariae 


335 


Libraria et -um 


430 Marga 


445 Libupnae, &c. 


837 


Librarius 


428, 430 Maigaritae 


54, 357 longae et onerari* 335 


Librator 


475 Marginari 


474 tectK 


339 


Libripens 


51 .Vlaritare ordines 


132 Navarchi 


341 


Liceri 


200 Mars u pi una 


349 Nexi 


49, 183 


Licitator 


ib. Mastigia 


43 Nobiles & Novi 


37 


Ljcia 


436 Matronae 


387 Nomen 


38 


Lictores 


98, L55 Mausoleum 


408Nomenclator 


81 


Ligo 


446Medimnus 


422 Nomina facere 


420 


Lingulae 


352 Medicare fugo 


436 Non* 


280 


Limae labor 


425 Mediastinus 


42Notarii 153,427,430 


Li mites 


455 Membrana 


424Notffi 


153,162 


_ , _ 


180, 182Mensae 


367 Novae tabulae 


50 




Linteones 


436 Mephitis 


245 Novalis, V. -e 


359 


Linum 


449 Mercenarii 


42 Novelise 


192 


Lira 


447 Meranda 


364Novendiale 


407 


Lirare 


ih. Metae 


288 Nubere 


390 


Litare 


407 Metatores 


313Nuces spargere 


392 


Litera tristis 


226 Metropolis 


133 Nubilarium 


371 


Litera salutaris 


199 Vlilitarestribuni 


94Nummus 


4>3 


Literae 


429 Miliarium 


447Nuramularii 


419 


Litigatores 


195 aureum 


ib. Nuntiatio 


84 


Lituus 


255, 317 Mimus 


302 Nuncupatio testament! 59 


Litis contestatio 


299 Mina 


417 Nundinae 80, 174, 880 


Lixae 


315.Vlinistri 


271, 377 Nuptiae 


387, 391 


Locuples 


443Mirmillones 


293 Nympha; 


238, 245 


Lodix 


367 Missio honesta 


331 Nymphaeum 


470 


Lorica 


310 ignominiosaj 


,&c. 331 




Luceres 


33, 89 Missus 


289 Obaerati 


49 


Luctus 


408 Micare digitis 


384 Obnunciare 


84 


Lugubria fumere 


ib. Mitrae 


356 0bolus 


397,414 


Ludi Circenses 


287 Mittere mappam 


289 Obrussa 


414 




298 Modius 


422 Obstrigilla 


458 


seculares 


287 Moneta 


414 0creEe 


310 


stati 


ib. Monilia 


357 Octophoros 


457 


Lndus Trojae 


291 Monopodium 


386 Odeum 


470 


Luna 


242 Morbls comitialis 


84 0fficium 


103, 390 


Luperci 


265 Mors 


229, 242 (Enopolium 


379 


Lustrum 


17, 79 Movere e senatu 


27 Otficina 


431 




78, 118 e tribu 

Mulcta 


116 Onus railitum 
228 Opera una, &c. 


317 

448 


M 


Macellem 


472Muli Mariana 


456 Opistographus 


426 


Macrocolla 


424Mulio 


464 Opiimates 


37 


Maenianurn 


288MuIsum 


375 0ptiones 


312 


Magister collegii 


254 Multatitium argentum 128 Oraculum 


256 


equitura 


136 Mudusmuliebris 


355 Oram solvere 


340 


societatis 


34 Munerarius 


293 Orchestra 


18, 305 


Magistratus 


96Municipia 


47, 70 Orcini senatores 


45 




113, 143, Munusgladiatorium 292 Ordines remorum 336 




179Musae 


240Oscines 


83, 254 


Malleoli 


453 Museum 


43lOstia 


344 


Malus 


338 Mustum 


380 Ostiarius 


434 


Manceps 


54, 64 N 


Ostracismus 


226 


Mancipatio 


56NEenia 


400 Ova 


288 


Mancipia 


41 Nardum 


375 Ovatio 


328 


Mancipi res 


53 Nauclerus 


341 Ovile 


86 



486 



LATIN INDEX. 



Pfedagogi 

Pagani 

Palangae 

Palestra^ 

Palatium 

Palea 

Pales 

Palilia 

Palraus 

Palimsestos 

Palla 

Palladium 

Paliidamentum 

Pal us, V. -aria 

Palare vites 

Pancratiastas 

Pandectae 

Pantheoa 

Pantomiml 

Papyrus 

Parasanga 

Parapherna 

Paresemon 

Parentalia 

Parricidae 

Partes navls 

Partiarii 

Passus 

Patibulum 



Page Page 

Pileus 354 Praenomen 

42, 427 Pinatheca 437 Praerogativa 

65, 72 Pistrinuin 43 Praetores 

343 Pittacia 433 Praetorii 

291, 470 Plagiarii 
465 Planslrum 
451 Plausus 
245 Plebiscita 
13, 284 Plebs 
421 Pleiades 
424 Plutei 
346 Porculeta 
235 Pocula 
3l3 Podium 
317, 369 Pcense militares 

454 Pollicem premere et ver- Princijjia 
470 tere 296 Principium 

191 Poll inctores 396 Privati 

271, 440, 468 Pomaerium 71, 467 Privilegia 

302 Pomona 



Page 

38 

85 

96, 99, 108 

_^._ 108 

172 Praetorianorum castra 467 
460 Praetorium 314 

303 Praevaricatio 227, 447 

91, 157, 163 Prandium 364 

35 Prata 
464 Prelum 
333 Priapus 

455 Princeps sententiae 
381 Princeps Juventutis 

294 Senatus 

329 Principes 



424Pondo 

421 Pontes 87, 180, 479 Proletarii 

387 Pontifex Maximus 248 Promulsis 



450 

379 

242 

25 

36 

15, 148 

309 

314 

75 

44,251 

245 Procuratores 209, 221, 445 



416 Processus Consularis 103 

78,91 

375 



337 Pontifices 
407 Popae 

l7l, 233 Poppaeanum 

338 Popu lares 
444 Populi Fundi 
421 Populiscita 
l56 Porca 

Patres rainorum et majo- Porta 

rum gentium 14 Portae castrorum 



Conscript! 

Patricii 

Patrimi &. matrimi 

Patroni 

Pausarius 

Pavimerita 

Pecuarius 

Pecten 

Peculatus 

Peculium 

Pecunia 

Pedanei judices 

Pedarii senatores 

Pedes velorum 

Pegmata 

Penates 

Pentathlum 

Penula 

Perduellio 

Peregrin! 

Pergaraena 

Periscelis 

Perones 

Peraes et libram 



15 



Romae 



14 Porticos 
386 Portisculus 
36, 221 Portitor 
342 Portorium 
441 Port us 

64 Posca 
436 Posticum 
143 Postliminium 
43, 51 Postulationes 
411 Potestas 
210 Potitii et Pinarii 

25 Praefectus annonae 

330 aquarum 

295 Celerum 

243 -■ ■ classis 

290 mililaris aerarii 

351 Praefectus morum 

79 praetorio 

48,73 -vigilum 

424 Urbi, &c. 



352 Praeceptor 

353 Praecinctus 

J, ^„ ^> 51, 59 Praecones 

Peremptorium edictum 111 Praedes 

Pes 421 Praedia libera, &c. 

Petasus 555 urbana 

Petauristae 302 censui censendo 

Petitor l93 

Petorritum 460 Praefecti 

Pharos 344 Praefecturae 

Pila 369 Praeficae 

Pilani 3o9 Praeraia militaria 



247 Propagines 
271, 273 Propugnacula 
356 Proreta 

37 Proscenium 

57 Proscriptio 
157 Provinciae 
447 Provocatio 

71 Psilothrum 
314 Publicani 
467 Pugillares 
370, 472Pullarius 
342 Pnlmentum 
64, 246 Pulpitum 

ib. Punctimpetere et caesim 296 
341 Pupae 392 

330 Purpura 
435 Puteal 

66 Pyra 
193 Pyrriche 
75,96 Q 

266 Quadrigiae 458 

l33Quadrigati 413 

475Q,uadruplatores 219 

99 duaesitorcs 113,249 

133 Quaestio 113, 193, 222 
ib. (auaestiones,&c. 113,23,217 

ll9auffistorium 129,314 

13-2 auaestorii 108 

134 Quc^stores 128, 214, 217 
ISiauinarius 413,416 
427 Q,U£estores candidati 130 

349 palati ib. 

154 Quatuorviri viales ib. 

64, 215 Q,uiriquatrus 284 

54 Q,uinqueviri mensarii 139 



452 

339 

342 

305 

170 

103, 144 

49, 123 

362 

34,64 

427 

254 

365 

305 



358 
210 
403 
265 



Pilentum 



459 Praepetes 



319, 336 
259 
337 
314 
465 
344 

^ 49 

83j 254 Quiritarium dominium 58 



ib. Quincunx 
68, Quindecemviri 
116 Q,uinqueremes 
312Quintana 

73Q,uirinalis mons 
460 Quirinus 
323 Quiritare 



LATIN INDEX. 



487 





Page 




Page 


Page 


R 


Sacrificalio 




448 Splenium 


356 


Rahul a 


SUScena 




304 Sphiciisterium 


370 


Radii 


461 3criba2 


104, 153 Spolia opiina 


325 


Radius 


436 Scrinium 




427Spoliarium 


296 


Ramnenses 


S3, 89 Si;rip(a duodecim 




383 Spondee 


370 


Rapina 


204Scrij)tura 


( 


Bl,69Sponsio 


199, 202 


Ratiocinatores 


430 Seriptuaiius 




6i Spoiisores 


215 


Ratiti nummi 


413 Scrihere iiuramos 




420 Sponsus &, sponsalia 389 


Recuperatores 


207 Sciiiula 




453 Sportuia 


73, 348 


Redemptores 


117, 200 Scutum 




SlCSporlulaj 


379 


Referre ad Senatura 21 yectatores 




17'^ Stadia 


, 470 
421 


Regiones urbis 


433, 466 Sectio et sectores 




4y feiadium 


Regifugiucn 


102 Securis dolabrata 




4x0 Stamen 


436 


Relegatio 


QQ Seges 




448 Staliones 


316 


Remancipatio 


394Segestre 




367SlerquiHniura 


445 


Rem! 


338 Segmentum 




30/ Stibadium 


367 


Repetundae 


143 Sella 




45i Sti^raalias 


43 


Replicatio 


202 curulis 


97 


, 459 Stilus 


425, 427 


Repotia 


392Semones 




244 Stimulus 


463 


Repudiura 


389 Sententiamaxime 


freq 


[uens Stipendiarii 


69 


Rescripta 


32, 190 




26 Slips 


412 


Res publicae et privalae 53 Seniores 




77 Stipulatio 


197, 201, 389 




incor- Senacula 




19 Stipulator &as1 


tipulator 200 


po rales 


ib. Senatus 




MStiilicidium 


55 






20 Siola 


346 


Restibilis ager 


447, 454 Senatus consultum 


22, 26 Stolones 


452 


Retiarii 


293 Sentina 




338 Stragula vestis 


367 


Retinacula 


3iU Sepelire 




398 Stramen 


451 


Reus 


Sz Sepes 




450 Stren« 


58, 412 


Rex sacrorum 


263 Septemtrio 




461 Strigare 


447 


Rheda 


460 Septemviri epulon 


um 


261 Strigilis 


372 


Ricinium 


347 Septum 




86 Strophium 


357 


Ridiraicula 


310 Sepulchra 403, 


, 405, 409 Suasor legis 


82 


Rogatio 


215 Sequestres 




82Subsellia 


46, 112 


Rogatores 


88Serffi 




434 Subscriptio censoria 116 


Rogare legem, &c. 


ib. Serica vestis 




357 Subscriptores 


219 


Rogus 


403 Serra 




3^3 Subsignani 


321 


Romania 


73Servitus 




229 Subsorliri judicem 222 


Rostra 75. 


, 339, 474 Servitutes 




54Subtemen 


436 


Rubrica 191, 


356, 427 Sestertium 




416 Subucula 


351 


RudiariL 


297 Sestertius 413, 


415 


, 416 Succolare 


459 


Runcatio 


448 Sexagenarii 


87 


, 146 Sudarium 


352 


S 


Sibyllini libri 




259 Sudatoria 


371 


Saburra 


340 Sicarii 


113 


, 171 Suffitio 


406 


Saccus 


379 Siglse 




162 Sulci 


447, 453 


Sacer 


89, 122 Sigma 




367 Suovetaurilia 


78 


Sacrosancti 


120, 127 Signa 




320 Suppara 


339 


Sacrameiltura 


199, 308 Signiferi . 




3l2Supplicatio 


273 


Sagittarii 


310 Signum puguse 




321 Surculi 


453 


Sagum 

Sal et salinum 


313, 352 Silicernium 




407 Sylvanus 


245 


373 Silentium 




83 Symbolum 


360 


Salices 


449 Smegmata 




356 Symbolum dare ib. 


Salii 


264 Socci 




353 Syngrapha 


201, 427 


Salulatores 


172 Sodales Titii 




263 Synthesis 


347,372 


Sandapila 


399 Sol 




242 T 




Sarcophagus 


406 Solaria 


282 


, 439 Tabellarius 


427, 430 


Sarculatio 


448 Solece 


352, 353Tiibcrna 


431 


Sarculum 


446 Solidus 




4l4Tabernaculum 


83, 255 


SWracum 


460 Solum 




368Tablinum 


435 


Satio 


44^ Sordida vestis 




216 Tabula 


222 


Satisdare 


199 Sors 




419 accept! & 


expensi 419 


Satura lex 


89 Sortes 


257 


,384 novse 


50,124 


Saturnalia 


286, 347 Sortitio 


85, 


, 221 Tabularium 


28 


Satyrae 
Scalmus 


298 Spectio 




84Tabulata 


55 


338 Specularia 




441 Talentura 


414 


^camna 


447 Spcculatores 




317 Tali 


383 


Scandulae 


431 Speculum 




355 Talio 


229 


Scapus 


424 Spinther 




357 Tarpeius 


465 



488 



LATIN INDEX. 





Page 


Page 


Page 


Tatienses 


33, 89 Trinum Nundinum 


80, 280 Vehes 


460 


Terminus 


245Tripudium 


83 Vehicula 


456 


Tegul e 


439 Tripus 


261 Vela 


338 


Tela 


436 Trilicum 


449 Velifes 


310 


Tepestivum conviv. 363 Triumphus 


325 Vellum 


424 


Templa 


255 Triumviri capitales 


ISOVenalitii 


41 


Teruncius 


412 mensarii, &c. 139 Venatio 


291 


Tessella 


441, 453 epulones 


2G1 Venti 


455 


Tessera 


316, 374 monetales 


131 Ventilabrum 


451 




374 fiocturnae 


ib. Verbera 


229 


Tesseraia confrigere ib. reipublicae consti- '/ergiliae 


464 


Tesserae ' 


383 tuendae 


95, 138 Vernae 


42 


Testee 


380 Trochus&i Turbo . 


370 Ver Sacrum 


272 


Testamentum 


58 Tropaea 


47^ Vers u ram facere 


420 


Testes 


233 Tuba 


317 Vertigo 


45 


Testimonium denunciare ib. Tumultus 


307 Vervactum 


447 


Testudines 


331, 333 Tumulus inanis 


395, 4(D Vespillones 


399 


Textores 


435 Tunica 


349 Vestes variae 


358 


Thalamegi 


337 pal mala 


350 Veslibulum 


397, 433 


Theatrum 


303 recta 


ib. Vestis servilis 


368 


Thensa 


459 Tuiiicata 


ib. Veto 


22, 121 


Therms 


371 Turma 


33Vexillum 


320, 324 


Tbolus 


440Turres 


332 VexiUarii 


331 


Thranitae 


338Tutela 


337 Via 


54 


Tibiae 


301 legitima 


62 Viae 


476 


Tibialia 


352 Tutores 


61 aciei 


318 


Tirocinium 


348 Tympanum 


461 castrorum 


315 


Ti rones 


ib. U 


Viaticum 


140 


Titulus 39, 


381,409Udones 


353 Viatores 


19, 136 


Toga 


345 Umbilicus 


426Vicesima 


65 


pexa 


346U!trotributa 


117 Victoriati nummi 


413 


praetexta 


347 Umbo 


315 Vicarius servi 


44 


pulla 


ib. Umbrae 


366 Videtur fecisse 


225 


virilis 


348 Uncia 62, 410, 419 Villa et villicus 


441, 444 


Tollere filium 


SOUnguenta 


373 Viminalis mons 


466 


Tomentum 


367Unguentarius 


372 Vinaceus acinus 


454 


Tonsores 


362Univira 


395 Vincula 


228 


Topiarii 


443 Urbes 


71 Vindemia 


454 


Topiarium facere 


ii.Urna 


405 Vindex, v expromissor 49 


Torcular 


379 Ursa major 


461 Vindicatio, &lc. 


196, 198 


Toreumati 


381 Usucapt'io 


54Vindicta 


45 


Torus et -al 


3G7 Usura 


418 Vineae 


333, 455 


Trabea 


98, 254Usurpatio 


56 Virgines Vestales 


267 


Traha 


451 Usus 


385 Visceratio 


275, 407 


Trama 


437 Ususfructus 


58 Vitrea specularia 


441 


Translatitia edicta 109, 142 Uti rogas 


87 Vittae 


355 


Transvectio equitum 34 litres 


380 Vivaria 


291, 442 


Tragffidiae 


SOOUva 


454 Viviradices 


452 


Triarii 


309 Uxor 


391 Volones 


43 


Tribunal 


111 V 


Volsellae 


356, 362 


Tribula 


451 Vacatio militiae 


306 Volumen 


426 


Tribunus Celerura 


I 99 Vacantia bona 


74 Vomitoria 


295 


Tribuni comitiati, 


&c. 167Vacuna 


245 Vomunt ut edant 


378 


militaris 94 


, 138, 311 Vades 


195, 215 Vota 


272 




311, 350 Vallum 


314 X 




militares 


94, 167Valvae 


434Xenia 


58, 384 


legionarii 


13, 166 Vale 


430 Xvstus 


290, 470 


plebis 


120Vasarium 


140 ' Z 




Tribus 


90Vaticanus 


466 Zeta 


439 


Tributa 


64Vectigales 


69 Zona 


390 


Triclinium 


365Vectigalia 


64 Zotheca 


439 


Trilix 


437Vectores 


464 





INDEX 



OF 



PROPER NAMES AND THINGS. 



ACCUSER, in a criminal trial. P«ge 219 
Actions, real, 196, personal, 200; penal, 
203; mixt. 2(M 

Admiral, of the fleet 133 

Advocates, sometimes hired persons to ap- 
plaud tiiem while speaking. 210 
^diles, plebeian and curule. 126 
iEgy pt, prediction concerning, 232; ^^gyp- 
tian year. 279 
^lius Catus, why called wise. 73 
^neas, the names of. 244 
v^oliis, god of the winds. 246 
iEscuIapiiis, worshipf)ed. 210 
Affronts, punished. 205 
Agriculture, encouraged. 443 
Agrippa, his advice to Augustus, 147 ; 
builds the Pantheon, 271, 468; and the 
harbour of Misenum, 341 ; constructs 
pillars in the Circus, 288 ; and several 
aqtiaiducfs. 475 
Allies, forces of, how raised and supported, 
308: where posted, 312; in the camp, 
and why, 315 ; on march, *317 ; and in 
battle. 319 
Altars, 277; a place of refuge. ib. 
Almathasa, the sybil. 259 
Ambustus, his daughters occasion an im- 
portant change in the government. 105 
Animals, how yoked, 458; and driven. 463 
Annals, how composed. 250 
Annalis, L. Villius, proposes a law to regu- 
late the age for enjoying offices. 97 
Antonius, C. expelled from the senate. 17 
Antonius, M. blamed for his marriage, 388, 
offers a crown to Cssar, 249, 266; his 
profusion. 417 
Apicius, his luxury and death. iO. 
Apollo, names of, 240 
Appeal, liberty of, 100, 213 
Aquceducts. 371,475 
Arches, triumphal. 474 
Assemblies of the people, 74; by Curia, 
90; by centuries, 76; by tribes, 89; 
broken offby what, 84; manner of hold- 
ing the assemblies by centuries, 84 ; by 
tribes, 91 ; Nocturnal Assemblies prohi- 
bited. 173 
Ashes and bones of the dead, how gather- 
ed, 405 1 and depojited. ib. 
Assian stone, coffins of, 406 
Athletic Games. 291 
Auction, form of, 57 

Augurs. 252 259 

Augustus reforms the senate, 18; limits the 
time of its raeetina:, 20; regulates the 
Comitia, 93; gives 1iis vote as an ordi- 
nary citizen, 94; becomes master of the 
•ropire, 139, 146 ; declines the title of 



Censor, 119; invested with the Tribu- 
nitian power, 126 ; rejects the dictator- 
ship, 130; consults with Agrippa and 
Mascenas about resigning his power, 
147 ; makes a new partition of the pro- 
vinces, 144; and first appoints salaries 
to the provincial magistrates, 146, 270; 
his descendants might have long enjoy- 
ed the sovereignty, if he had possessed 
the wisdom to impose on himself and 
successors proper restraints against the 
abuse of powei-. 147 ; artt^ully establish- 
es his authority, 148 ; titles conferred 
on him, 148 ; power granted to him, 
150; altars erected to him, 151; vows 
made for his safety, ib. ; rules at first 
with great moderation, 152; gradually 
enlarges his power, ib. ; so humbled the 
spirit of the Romans, that they never 
after made any joint effort to recover 
their liberty, ib.; allows only particu- 
lar persons to answer on questions of 
(aw, and obliges the judges to follow 
their opinion, 164; <:hanges the mode 
of enacting laws, 190; assumes the 
office of Poiitifez Maximus, 251 ; his 
superstition, 272 ; the irtonth August 
called from his name, and why, 278; 
this said to be dor;e by an order of the 
people, 148; restricts the license of di- 
vorces, 393 ; stations fleets in different 
places, 341 ; his ring, 355 ; wears seve- 
ral tunics, 350; did not shave till twen- 
ty-five, 361 ; sometimes clipped his 
heard, and sometimes shaved, 362 ; the 
sum he received in legacies, 416; a ci- 
vic crown and two laurel branches set 
up before his gale, 324, 434 ; puts to 
death some who refused to enlist, 306 ; 
refuses the title o( Domirius, 427; adorn? 
Rome, 432 ; his vanity on recovering 
from the Parthians the spoils taken 
from Crassus, 468; his death, 147; his 
tomb. 408 

Auspices, manner of taking. 82 

B. 

Bachelors, punishment of, |83 

Bacchus, 284; his orgies, ib. festival of, 284 

Badges of the senators, 18; Equites, 33; 

kings, 98; Consuls, 99; Pra:tor, 111 ; 

and Emperors. 152 

Bail, form of, 195 

Ball, game of, 369; of four kinds. ib. 

Barbers, first introduced from Sicily. 361 

Baths of different kinds, 369 ; first builf, 

371 ; parts of, i6, time and manner <rf 

bathing, <J7| 

Beard, how shaven, 301 



62 



490 



INDEX 



Belt, or girdle, when used 349 

Bears, constellation of, 461 

Bibulus, weak conduct of, 175 

Bonds, used in all important contracts. 199 

exchanged between Augustus and 

Antony, &c. 201 

Bona Dea, festival of, 284 

Books, kinds of, 426 

Bootes, constellation of, 461 

Bracelets. 374 

Breeches, not worn by the Romans.301,352 
Bridges, number of, 478 

Brutus, the conspiracy of his sons. 45 

Burning the dead, custom of, whence de- 
rived and when dropt, 397 ; what per- 
sons were not burnt, ib. ; why forbid- 
den in the city. 402 
Burial, places of, ib. 
Buying nad selling, form of. 200, 201 

Caere, the people of, receive the Vestal 
Virgins. 48 

Caesar, Julius, vilifies the authority of the 
senate, 30 ; abridges the rights of the 
people, 93; oppresses the liberty of his 
country, 95 ; province appointed to him 
by the senate, 100; reduces the power 
of the consuls, 107 ; made perpetual 
dictator, i6. 136; makes a review of the 
people, 124; his pretext for crossing 
the Rubicon, 122, 126; his popular 
laws, 175 ; proposed to arrange all 
the laws, 177 ; an instance of his surpri- 
sing presence of mind, 256; warned of 
his death, 2t5 ; regulates the year, 279 ; 
thesayingof Syllac;oncernifig'him,349; 
divorces Pompeia and why, 393; his at- 
tention to dress, 349,353; why pleased 
with a laurel crown, 354; his ring, 3oO; 
his debts and bribes, 417; manner of 
writing his letters to the senate, 428 ; 
about things he wished to keep secret, 
430; murdered in the senate-house, 95, 
354; a temple and priests consecrated 
to him, 154, 266 ; senators slain at his 
altar. 276 

Cadmus, brought letters into Greece. 423 
Calendars, why so called. 249 

Calpurnia, the dream of, 440 

Camp, form of, 314 

Candidates, their di»ess and mannerof can- 
vassing, 81 ; how elected. 88 
Capital trials. 214 
Capitoline marbles, why so called. 249 
Capua, punished. 68 

Carriages. 456 465 

Carvelius Ruga, the first who divorced his 

Mrife. 393 

Castor and Pollux. 244 

Cato, ordered to be led lo prison, 24, 176 ; 

sent to reduce Cyprus, 170 ; his dress. 349 

Cavalry, how chosen, 307; their arms and 

dress, 310; their place in the camp, 

315 ; and in battle. 319 

Censors, their institution, 114; their office, 



115; their power, 117, 119 ; dlscontiira- 
ed under the emperors. 119 
Censorinus, whence called. ib. 
Centurion, badge of, 311 
Cerberus. 246 
Cerus, 236 ; her mysteries. ib. 
Chariot races. 288 
Charon, ferryman of hell. 2-16, 397 
Chimneys, anciently not used in Rome. 438 
Cliorus, why suppressed. 301 
Chrifttianity,estal)lishedby Constantine65 
Christians, their meetings prohibited, and 
why, 174 ; often exposed to wild 
beasts. 
Cicero unites the senate with the Equites, 
31 ; gets the province of Cilicia against 
his will, 104; made quajstor, 16 ; called 
Father of his Country^ 148 ; hindered by 
a tribune from making a speech to the 
people, when heresigned the consulship, 
103 ; promotes the ambitious designs of 
Caesar, contrary to his own judgment, 
140; is banished, 169; his laws, 189; 
the senate change their habit on his ac- 
count, 316; his death. 221 
Ceilings, how adorned. 441 
Cities, formalities in founding, 70; in des- 
troying, 71 ; their walls sacred. ib. 
Citizens, rights of, 48 ; could not lose the 
fieedom of the city against their will, 
66, 171; could not be scourged. 184 
The civil law, study of, revived in Eu- 
rope. 188 
Civil trials. .- 193 
Claudius, P. punished for slighting the 
omens. 265 
Claudius, En)peror, abridges the number 
of holy days, and why. 287 
Claudius, App. decemvir. 138 
Caecus, supposed cause of his blind- 
ness. 266 
Classes, into which the people were divi- 
ded, 76; Avhence classes of scholars, 
quinclil. i, 2. 23. x. 5. 21. and of work- 
men, ColumelL i. 9. 7. 
Cloacina. 245 
Clothes, of different kinds. 358 
Cloth, how wrought. 437 
Clodlus restricts the powers of the Cen- 
sors, 119; adopted by a plebeian, 50; 
made tribune, 120; the enemy of Cice- 
ro, i6. ; his laws, 108; tried for violat- 
ing the sacred rites of the Bona Dea, 
173 ; killed by the slaves of Milo, 184 ; 
and burnt in the Forum. 404 
Clients, dole given to. 378 
Coffin, 398; how deposited. 406 
Coins, kinds of, 412; put in the mouth of 
the deceased. 397 
Colleges of priests, &c. 262 
Colonies, mannerof settling, 71 ; of differ- 
ent kinds. ib. 
Columns, kinds of, 473 
Comedy, ancient, middle, and new, 299; 
300 1 writers ia each. i^- 



OF PROPER NAMES AND THINOa 



4M 



Command, military, how conferred. 75 
Consuls.respectshownthem by the senate, 
21; by others, 101, 103; their powers, 
24, 100, 306 ; when instituted, 94 ; their 
badges, 100; time of entering on their 
office, 102; with what solemnities this 
was done, 103 ; their provinces, 104 ; 
from what order created, 105; their 
state under the Emperors. 107 

Consuls elect, first asked their opinion in 
the senate, 22 ; and why. 103 

Consecration of the Enperors. 410 

Consentes, gods so called. 240 

Constantinople taken by the Turks. 73 
Cooks, from Sicily. 376 

Corn given to the poorer citizens. 166, 186 
Coruncanius, the first who gave his advice 
freely, 162; first plebeian Fontifex Max- 
imus. 248 

Couches, for reclining on at meat, 365 ; 
usual number of in a room, 366 ; their 
form, ib. 367; and covering, ib. funeral 
couches. 397 

Oassus, wealth of, 416 

Criminals, dress of, 82, 216; after sen- 
tence used anciently to be punished 
"without delay; but this was altered by 
Tiberius, 928; howtreated after death. 
230, 406 
Crowns, given as rewards, 323 ; used at 
feasts, 373; put on the head of the de- 
ceased. 397 
Cups, kinds of, 381 
Cupid. 338 
Curio turns two theatres into an amphi- 
theatre on the same day, 303; his cor- 
ruption and fate. 417 
Curius Dentafus. 365 
Cybele, 241 ; priests of, 267 
Cyclops. 238 
Cypress, used at funerals. 397 

D. 
Damage, repaired. 204 

Daughters, how named, 39 

Day, division of, 283 ; common and holy 
days. ib. 

Debtors, cruel law concerning. 49 

Decamping, manner of, 317 

Decemvirs, why created. 138 

Dessert, fruits and sweetmeats. 368 

Devoted to one's service, origin of the 
phrase. 149 

Dials, first invented. 282 

Diana. 240 

Dice, game of, 383 

Dictator, first made, 134; cause of crea- 
ting this magistrate, ib. his badges and 
power, 137; this otfice intermitted for 
120 years before Sylla, 107; abolished 
after the death of Caisar. ib. 

Dishes, kinds of, 375 ; how brought 
in. 368, 377 

Divorces, form of, 394 

Dogs, employed to guard the temples, 434; 
why impaled. ib. 

DooatioDSf kinds oC 58 



Door, opened outwards, 434 ; lecured hj 

bars, &c. ib. 

Dowries, diversity of, 387 

Dramatic entertainments, first introduced 
from a religious motive, 298 ; often in- 
terrupted by the people calling for other 
shows. 302 

Dress, of men, 345 ; in public and private, 
350; of women, 3(6, 354, 355; of boys 
and girls, 348; of soldiers, 313,351 ; of 
generals in a triumph, 327, 350; of se- 
nators, ib. of priests, 251, 254, 262, 263, 
265,269, 347; of poor people, 350; and 
of slaves, 363: of the dead. 396 

Drinking healths. 362 

Driver, of carriages. 463 

Drusus, Livius, laws of, 179 ; and death, 
ib. his saying about his house. 418 

E. 
Ear-rings. 357 

Edicts, of the praetor, 109 ; of other magis- 
trates. 110 
Election of magistrates, under the repub- 
lic, 78, 87, 91, 97; under the Empe- 
rors. 94 
Embalming, cause of it. 402 
Emperors, their titles, 148; their power, 
150; their badges. 152 
Entertairimenls,expensesoflimitedbylaw, 
165, 172, 177 ; of different kinds. 3/8 
Entrails, how inspected. 274 
Epitaph, form of, 409 
Ephori, at Sparta, resembled the tribunes 
at Rome. 122 
Equestrian order, its institution, 33; badg- 
es and office. 34 
Estimate of fortunes, how made. 75, 116 
Evidence, kinds of, 222 
Exceptions, how expressed. 202 
Executioner. 156 
Exercises, kinds of, 369; the army. 317 

F. 
Fabius, his manner of declaring war on 
Carthage. 346 

Fabius Maximus, Prodictator. 135 

Falsehood, punished. US, 181 

Family, right of, 50 

Fanatics, whence called. 259 

Farmers, kinds of, 443 

Fates. 242 

Faunus. 345 

Fascinus. 245 

Fences, kinds of, 444 

Fertility of different soils. 448 

Festivals, stated, 283; moveable, 286; oc- 
casional, ib. number of, hurtful. 287 
Fines, extent of, 166 

Fish, the Romans fond of, 376 

Fish-ponds, value of, 418 

Flax, for what used. 449 

Flamen of Jupiter. 16, 264, 403 

Flaminius, destruction of, 136 

Flavins, why made iEdile 162 

Fleet, Roman, where stationed. 133, 341 
Flutes, of different kinds. 301 

Flora, 246; festival oU 284 



in 



INDEX 



PoundUngs, state of, Plin, ep. s. 71. & 72. 

Foreigners, their state at RoQie disagree- 
able. 73, 177 
Fox, why burnt as a sacrifice to Ceres. 236 
Freedmen, insolence of, 438 
Freedom of the city first granted lo physi- 
cians and the professors of the liberal 
arts, by Caesar. 176 
Friends, how some testified their affec- 
tion. 405 
Funerals, why so much attended to, 395 ; 
public and private, 397 ; funeral couch- 
es, 399; private funerals celebrated by 
night, and public by day, 400; ceremo* 
nies of both, 400—410; funeral pro- 
cession, 399; funeral oration, 401 ; first 
made by Poplicola in honour of Brutus, 
if), and by Catulus, in praise of his mo- 
ther Popilia, ib. ; funeral pile, 403; ani- 
mals thrown into il, 405 ; some persons 
came to life on it. ib. 
Furies. 242 

G. 

Games, ordinary and extraardinary, 287 ; 

of the circus. il>. 

Gardens. 442 

Gates, how adorned. 434 

of Rome. 466 

Genius. 242 

Germans, their manner of forming conjec- 
tures about futurity. 257 
Gladiators, different kinds of, 0.92 ; where 
exhibited, 294; theirnianner of fighting, 
296; prizes given to the victorii. 297 
Glass, invention of, 441 
Government of Rome, originally aristo- 
cratical, 78; brought to a just equiWjri'- 
um, 124 : worst kind of despotism un- 
der the Emperors. 152 
Graces. 238 
Gracchi, their laws, 275; and fate. 125 
^ Grain, kinds of, 449 
Guardians, appointed of, 62 

H, 
Hair, perfumed at feasts, 373; how dress- 
ed by women, 354; by men, 361 ; not 
cut at se.i, 363; method of pulling out 
small hairs. 362 

Hay, making of, 378 

Harbours, how fortified. 344 

Heathens, whence named. 65 

Heirs, how appointed. 60 

Helena. 244 

Heliogabalus, first wore a robe of pure silk. 

357 
Heralds, or public criers. 106 

Hermodonis. lo8 

Hercules, his labours. 24.3 

Kiero, his regulaiions concerning tiic lot- 
ting of lands in Sicily adopted by the 
Romans. 175 

Hieroglyphics, use of, 423 

Hills of Rome. 465 

Hospitality, inviolable. 374 

youses, regulations concf^rnin^, 55,433; 
rents tnd prices of, 4 IB 



Household gods 
Hour-glasses. 
Human sacrifices. 
Hymen & -aeus. 



9M4 

211 

»17,S86 

S45 



I. 



Idolitry, origin of, 285 

Injuries, how punished. »06 

Ingra,''ting, manner of, 453 

Illegitimate children, state of, 388 

Images, what and where kept, 37 ; carried 
at funerals. 400 

Indian wise men burnt themselves, 397 ; 
also wives on the piles of their hus- 
bands. 405 
Inheritances, form of entering upon, 62 
Infants, often exposed. 51 
Interest of money. 418 
Interring the dead, most ancient, 396; 
402; and most natural. ib. 
Instruments, used in writing, 425, in hus- 
bandry, 446; for fixing burdens on the 
backs of slaves, 500 ; for driving ani- 
mals in a carriage. 463 
Inns, anciently few. 374 
Interrex, particulars concerning. 80, 94 

97,99 
Irnerius revives the study of the civil 

law. 192 

Italians, their right. 68 

J. 
Janus, how represented. 241 

.Tews, their manner of burial. 405 

Judges, of different kindi-,206; appoint* 
mentof,208; chosenfrom what order.i/y. 
Judgment, manner of pronouncing, 211 
its effects. 212 

Jugurthine war. 125 

Julian year. 280 

Juno, how represented. 235 

Jupiter, his names and attribut'es. 234 

K. 
Kings. 94, 98 

JL. 
Landed estates, too large, hurtful, 500; 
the value of lands in Italy raised by a. 
law of Trajan. ib. &, 93 

Lartius, first dictator. 134 

Latins, their rights. ^ 67 

Latin tongue, the Italian states prohibited 
the use of it. 388 

Laurentia, nurse of Romulus. 262 

Laverna. 245 

Laws of Rome, at first few, 137; of the 12 
tables, 138, 161; causes of new laws, 157; 
time between proposing and passing a 
law, 80, 82, 197 ; how passed, 8.5, 88, 91; 
certain laws excite great attention, 124, 
by what name distinguished, 157; spe- 
cies of the Roman law, 160; laws of the 
Emperors, '33, 190; collected by the or- 
der of Justinian. 191 
Lawyers, origin of, 163; manner of con- 
sulting them,i6. under the republic not 
permitted to lake fees, ib. limited to n 
certain sum underihe emperors, i^.their 
education, l64 ; eminent lawyer*. ib 



OF PROPER NAMES AND THINGS. 



49S 



legacies, how left- 62 

I^entulus, degraded. 17 

Leda. 244 

Letters, of the alphabet. 423 ; epistles, 
430; ingenious modes of conveying, i/y. 
Legions, how many raised at different 
times, 305 ; division of each, 309 ; offi- 
cers. 311 
Liberty, whence the loss of it may he 
dated, 124; causes of ils subversion, 31. 
36, 94, 140, 124, 147, &c. 
Libraries. 431 
Limits of the empire. 480 
Linen, not worn by the Romans. 354, 370 

436 
Letters, when introduced. 423 

Lictors. 98, 100, 155 

Licinius Stolo. 106 

Lieutenants, the number assigned to pro- 
consuls, 140; their office. ih. 
Liver, sometimes thought to be wanting in 
victims. 274 
Livius Andronicus, the first writer of plays 
at Rome. 298 
Locks, keys, bolts, iSz^c. 434 
^ Loom, parts of, 436 
Lots, used in prognosticatingfuture events 



256 

384 
259 



Lottery, a kind of, 

Lunatics, whence named. 
M. 

Machines, used in sieges, 332; for hauling 
ships. 343 

Mscenas, intrusted by Augustus with the 
charge of the city, J32; his advice much 
respected by that emporor. ih. 94, 147 ; 
his tower, 403; effeminate in his dress, 
349; said to liave invented the art of 
writing short hand. lo3 

Magistrates, at different times, 94; their 
functions more extensive Ihan anrjong 
us, 95 ; division of, 96. Ordinary rna- 
gislraies under the republic, 99; 131; 
under the emperors, ih. 138. Extraor- 
dinary magistrates, i6. 139; provincial 
magistrates. ih. 144 

Manufactures, woollen. 435 

Manure, kinds of, 445 

March, order of, 317 

Market-places, at Rome. 472 

Marriage, only between Roman citizens, 
50; anciently prohibited between Pa- 
tricians and Plebeians. i6. &.37; as some- 
times between neighbouring districts, 
381 ; encouragement to, 387; different 
forms of, f385 

Marius, rose from a common soldier, 312; 
seven times consul, 107; faithless and 
ambitious. 104, 125, 166; cruel, 250; 
first enlisted soldiers from the lowest 
class, 305 ; made several changes in the 
military art. 307, 323 

Mars, 239, his shield. ih. 

Marsio war, 68; cause of, 179; very des- 
tructive. ' ib. 

Marsyas, punishment of, 471 



Mast, the ancient ships had but one. 335 
Master of horse. 137 

Measures of length, 420; of capacity. 421 
Medals. 414 

Menander. 299 

Mercenary servants, 42; troops. 309 

Mercury, 239 ; images of, 312 

Merula^ills himself. 264 

Metellus Numidicus, banished. 366 

Metelhis, loses his sight, 25, 268 

Minerva, 235, her shield, i6. festival of, 283 
Minos. 246 

Minority, years of, 178 

Money, when coined, 410; how computed 

415 
Monarchy, re-establishment of, 146 

Months, division of, 280, 281 

Morra, game of, 384 

j\Iourn:ng, manner of, 362, 411 

Municipal towns, 70 ; not obliged to re- 
ceive iheRom. laws unless they chose ib. 
Muses. 240 

Music, warlike instruments of, 317 

N. 
Names of the Romans. 37 

Necklaces. 357 

Neptune, 236; why hostile to the Tro- 
jans. 237 
Nero, colossus of, 294 ; sets Rome on fire, 
433; curious ceiling of his dining-room. 

441 

Now style first adopted in England. 279 

Noblemen, youngjhow instructed in public 

business, 16; in jurisprudence, 164; 

and in the art of war. 141, 3i6 

Nobies, why so called, 37; on them the 

bad emperors chiefly exercised their 

cruelty. 153 

Numa, his laws. 181 

Number of the people,how ascertained. 70 

Nymphs. 238, 245 

O. 

Oath, form of. 210; the multiplying of 

oaths hurtful, 150; military oath. 307 

Officers, in the army, 311; in the navy. 341 

Omphale. 353 

Orestes, tried for the murder of his mo- 

tber. 226 

Ostracism, what. ib. 

Oxen, alway.? used in ploughing, 446; how 

trained. 447 

P. 

Pagans, whence named. 65 

Pales, festival of, 284 

Pallas, 235, her image. ib. 

Palms first given to the victors at games. 

290 
Pan. 244 

Pantomimesj 302; composers of, ih. 

Paper made of the papyrus, 424 ; of linen 
rags. ib. 

Parchment, first made. 424 

Patches, why used. 350 

Patricians. , 14, 36, 37 

Patrons & Clients, their strict union. 3a 
Pavements, how adorned. 441 



494 



INDEX 



Pearls, value of, 417 

People, power of, 29, 140, 249 ; common 
people of the country more respectable 
than of the city. 35 

Perjury, punishment of, 151 

Perukes, when first used. 362 

Petreius, his bold answer to Caesar. 176 
Plough, form of, 446 ; manner of plough- 
ing. 448 
Pluto. 241 
Poles, of the heavens. 462 
Pompeius, Sext. why called the son of 
Neptune. 237 
Pompey, made consul, 106 ; sent against 
the pirates, 173 ; against Mithridates, 
180 ; his exhibition of wild beasts, 289 v 
first built a theatre of hewn stone, 304 ; 
device of his ring, 360 ; his death. 354 
Pontiffs. 247, 250 
Pontius, general of the Samnites. 104 
Poplicola, laws of, 116 
Porticos, uses of, 370 
Posts, institution of, 478 
Possession, form of claiming. 190 
Poppaja, bathed in asses' milk. 356 
Prayers, how made. 27[ 
Prffitor, institution of, 108 ; at first one, i6. 
a second added, ib. the number of prae- 
tors increased, 112 ; the city praetor the 
chief, 108 : his edicts, 109; badges, HI ; 
and attendants, 112; manner of admin- 
istering justice, 193, 198 ; how he pro- 
nounced sentence in a criminal trial 226 
Prcetorlan cohorts, 322, 466 ; camp of, ib. 
President of a feast. 382 
Priapus. 242 
Priests, of different kinds. 246, 270 ; of 
particular deities, 263 ; of .Tu[)iter, 264 ; 
of Mars, ib. of Pan, 26.5 ; of Hercules, 
266 ; of Cybele, 267, of Vesta, ib. what 
theireraoluments were is uncertain, 269; 
by whom elected. 91, 172, 247, 254 
Proconsuls and Propra;iors, origin of the 
name, 140; provinces assigned to them, 
ib. they set out from the city with great 
pomp, 141 ; their power in the provin- 
ces, ib. manner of administering justice, 
142 ; their exactions, 144 ; return to 
Rome as private citizens, unless they 
claimed a triumph. 143 
Procurator of Judea. ^ 146 
Property, modes of acquiring. 55 
Proserpina. 242 
Proscription of citizens 170 
Provinces, rights of, 68 ; taxes imposed on 
them, 69 ; new partition of them by 
Augustus. 146 
Provincial magistrates, under the repub- 
lic, 139, 144; nnder the emperors, i/». 146 
Purification, manner of, 406 
Punishments. 228 

a. 

Quaestors, why so called, 130; their office, 
ib. under the Emperors, ib. ; it gave 
admission into the senate. 15 



Ram, a machine in war, 33S 

Reaping, manner of, 450 

Reclinlngat supper, when introduced 365, 
manner of, 366 ; and cause of, 372 

Registers of all public transactions 26 ; 
kept in the treasury. 27 

Republic, causes of its ruin, 31, 36, 104, 
108, 125, 1^26, 140, 148,306 
Review of the people instituted by Servius, 
76; when and how made. 79, 115, 119 
Rewards, military. 323 

Rhea. 241 

Rights of citizens, 48 ; could not be taken 
from any one against his will, 66 ; dimi- 
nution of, ib. 
Rhodians, theirregulations concerning na- 
val afi'airs adopted by the Romans. 185 
Rings much used. 386 
Rivers, their sources held sacred. 246 
Roads, how paved. 476 
Robbery, punishment of, 204 
Roblgo, 245 ; feast of, 284 
Romans, how divided, 14, 38 ; anciently 
vveiglied their money, and did not count 
it, 52 ; cautions in admitting new sacred 
rites, 67 ; their respect for the ministers 
of religion, 249 ; passionately fond of 
races, 289 ; of shows of gladiators, 297 ; 
and of uncommon sights, 303 ; almost 
always engaged in wars, 305 ; as re- 
markable for enduring labour as for 
courage, 332; long unacquainted with 
naval affairs, 335 ; careful to wear the 
toga in foreign countries, 345 ; usually 
went with their heads bare, 354 : when 
covered, ib. allowed their hair to grow 
in mourning, 361 ; their ancient simpli- 
city, 364 ; their luxury and the cause of 
it, 365 ; at first sat at meal, ib. borrowed 
the custom of reclining from the east, 
ib. began their feasts with prayer, 373 ; 
and ended them in the same manner 384 
Romania, of Thrace, why so called 76 
Rome built, 14 ; taken and burnt by the 
Gauls, 433; and under Nero,i6. adorn- 
ed by Augustus, ib. its streets narrow, 
ib. its gates, 466; and bridges, 478 ; its 
Latin name why concealed. 334 
Romulus, 244; his contest with Remus.253 
B,oofs, form of, 439 
Rowers, how they sat. 336 
Rutilus, the first plebeian censor. 114 
Rubicon, the boundary of Caesar's pro- 
vince. 122 
S. 
S, this letter anciently used instead of 
R 183, 185 
Sacred rites, 272 ; how performed. 274, 276 
Sacrifices, 278 ; to the dead. ^07 
Sails, invention of, 335 ; how adjusted .339 
Salt, much used. 373 
Satires, whence named. 298 
Saturn, 241 ; festival of, 286 
Saturninus, his laws, 166 ; slain by Ma- 
riu». 167 



OF PROPER NAME3 AND THmOS. 



405 



Scenery of theatres. 304 

Scipio Africanus, 106, 126, 141 

Nasica, kills Tib. Gracchus. 125 ; 

Pontifex Maximus. 251 
Scribes or notaries. 153 
Seasons. 242 
Senate, its institution, 14; number, ih. 
prince of, 15; by whom assembled, 19; 
places and times of meeting, ih. quorum 
of, 20; mariner of making a decree, 25; 
form of writing it, 27 ; not valid, unless 
carried to the treasiuy, 2S ; rarely re- 
versed, ih. powerof the senate, //;. & 29; 
force of its decrees, 3l; little regarded 
in the last ages o( the republic, ih. ap- 
parently increased by Augustus and Ti- 
berius, 32; as the means of establishing 
despotism, ib. judges of crimes. 227 
Senate of Grecian cities. 72 
Senators, choice of, 14 ; theirage, 15 ; and 
badges, 18; order in which they were 
asked their opinion. 21 ; manner of de- 
livering it, 22, 24, 25; were not to be 
interrupted, 24; their privileges, 29; 
their servility to the Emperors. J48 
Sentence, form of, in civil trials, 195; in 
criminal trials. 225 
Sepulchres, where built, 403; by whom 
and how. 493 
Servants of the magistrates, 153 ; of the 
priests. 271 
Servitudes of lands. 54 
Servius Tullius, institutes the census, 7fi ; 
made many laws, 137; the first who 
corned money. 4lj 
Sextius, first plebeian consul. 106 
Short-hand, art of, 153, 163; quickness 
of. 430 
Shoes, kinds of, 352 ; for horses. 353 
Ships, their first construction, 334: differ- 
ent kinds of, 337; chief parts of a ship, 
338; how manned, 340 ; naval affairs, 
341 ; manner of eml)i«rking, 348; order 
of battle. 344: method of transporting 
ships by land, 343; size of trading ves- 
sels. ° 345 
Sibylline books, 259; keepers of, ib. 
Sicily, the first country reduced to the 
form of a province, 69 
Sicinius, at his instigation the plebeians 
retire to Mons Sactr, joq 
Siege, form of, 33I 33^ 
Skeleton, introduced at feasts. 382 
Silk, long known before silk-worras were 
introduced. ggy 
Sir, equivalent to Dominus. 427 
Slaves, how made. 41 ; their treatment, ih. 
of different kinds, 42 ; how made free, 
44; their manumission restricted by lavv^ 
46, 16S, 173; punishment of, 130;' their 
dress, 363 : not allowed to serve in the 
array bat m dangerous junctures, 43- 
such asobtruded themselves were some- 
times put to death, 307. Slaves, who 

frizzled the hair, 355 ; shaved, 363 ; cook- 
ed victuals, 376 ; carved, and weited at 



table, 377 ; wrote letters and books, 
430; watched at the gate, 434; took caro 
of the Atrium, 438 ; of the bed-cham- 
bers, 439 ; drest trees, 442 ; cultivated 
the ground, 445, 452 : carried burdens, 
sedans and litters. 457 

Soil, qualities of a good, 445 

Sol, 242 ; the same with Mithras. ib. 

tioldiers, enlisted, ]4, 63, 306 ; different 
kinds of, 308; divided into different ranks 
309; their arms and dress, 310, 31.3, 352; 
their order and discijiline, when en- 
camped, 316; on march, 317; in battle, 
318; their rewards, 323; punishments, 
329 : pay and discharge. 330 

Solon, law-giver of Athens. 138 

Sons, how freed from the powerof their 
father. 51 

Sosigenes, regulates the year. 279 

Sowing, manner of, 443 

Spectacles, their hurtful effects, 291 &292 
8purinnai, predicts the death of Cffisar 275 
Stage-plays first instituted, 208 ; chiefly of 
three kinds, 299 ; often prohibited, 303 ; 
Tacit. Ann. iv. 14. xiii. 45. Sutt. Ner. 16. 
Dom. 7. Plin. pan. 46. 
Stages, along the road. 478 

Standards, kinds of, 128,319 

Stipulations, form of, 197,' 200 

Stirrups, the Romans had none. 187, 311 
Stockings.notwornbytheRomans362,361 
Stoics, whence named. 472 

Style, old and new. 278 

Superstition of the Romans, 83, 256,257, 
,^ . 287, 342, &c. 

Supper, the principal meal, 363; place of 
365, ^39 ; dress for, 372 ; parts of, 375 ; 
music, iLc. in time of, 377 

Swearing, to support whatever laws were 
passed, when first enforced. 166, 175 
Sylla, his choice of senators, 15; usurpa. 
tion, 95, 170 ; cruelty, ib. increased the 
number of the qucesiUmes perpetuce, 113; 
abridges the power of the tribunes, 125; 
bis laws, 17(); both rewards and punishes 
theslaves«)fSulpicius for betraying him, 
188 ; why he ordered his body to be 
burnt. 397 

oy Ivan us. • 045 

T. 

Tables, 367 ; of different forms, 368 ; how 

consecrat(=d. 373 

Tarquinius, king, expelled, 99 ; on what 

^ ^«y- 102 

laxes, various kinds of, 64 ; remitted, ib. 

Teeth, care of, 357 

Temples, 271, 467; ornament of their 

front and roof. 44^ 

Tents, form of, 3jt 

Testaments, how made, 69 ; anciently 

made in the Comitia Curiaia. 75 

Terminus, his temple. ^45 

Thanksgivings, how made. ^3 

Theatres, at first prohibited, 303 ; built by 

Scaurus,i6. Curio and Pompey^ ifr. &/. 

Theft, how punished, m 



496 



INDEX. 



Tbeodoslus, abolishes the heathen worship 

at Rome. 270 

Things, divison of, 52 

Threshing, manner of, 451 

Thracians, curious custom of, 226 ; their 

wives burn themselves on the piles of 

their husbands. 405 

Tiberius, deprived the people of (he right 

of voting, 93 ; sum he left at his death. 

416 
Tiles, tax laid on, 439 

Tiro, freedinan of Cicero, 154 

Top, different from the trochus. 370 

Torture, used only on slaves, ib. instru- 
ment of. 222 
Towers, in sieges, 332 ; in ships. 339 
Towns, howaltacked, 333 ; and defended. 

?>U 
Trajan's pillar. 473 

Trade, not respected, 15, 17, 202; hurtful 
consequences of this. 36 

Tragedy, writers of, 300, h 30I 

Trees, how propagated. 452 

Trials, civil, 193; how conducted, «o. 209, 
criminal, before tiie people, 214; before 
the praetors, 217 ; how conducted. 22l 
Tribes, three at first, 13, 89; when in- 
creased, 90 ; how divided. 92 
Tribonian, the chief of those lawyers who 
composed the Corpus Juris. 192 
Tribunes, of the commons, when created, 
120 : their power at first small, 121 ; af- 
terwards exorbitant, 120 ; abridged by 
Sylla, 125 ; in a manner annihilated by 
Julius Caisar, 1^6; conferred on Au- 
gustus, ti. at first not admitt:ed into the 
senate. 26 
Tribunes, military, number of in a legion. 

166, 311 
Tripods, of different kinds. 261 

Triumph, whence called, 325 ; naval tri- 
umph. 328 
Triumviri, 95 ; consecrate a temple and 
divine honour to Caesar. 114 
Trophies, use of, 474 

U. 
Undertaker of funerals. 400 

Urns, how |nade. 405 

Usurers, their cruelty, 49; and art, 419 

V. 
Valerius Corvus. 106 

Venus, her names, &ic. 237 

Verdict of a jury. 225 

Verres, said to have been restored from 



banishment by the influence of CIcoro, 
221 ; cause of his death. ib. 

Vertumnus. 245 

Vespasian, the first who made laws with- 
out consulting the senate, 32; the sum 
he said was necessary to support the 
state. 416 

Vesta, the goddess of fire. 236 

Vestal Virgins. 267 

Victims, white, from the river Clitumnus. 

275 
Vineyards, 379 ; how planted. 453 

Villas, how laid out. 442 

Vdlius, vvhv called Annalis. 97 

Virginia, kliled by her father. 138 

Virlues, worshipped. 253 

Vitellius, luxury* of, 377 

Vomit, custom of taking before and after 
supper. 378 

Vows, how made. 271 

Vulcanus, 326 ; his workshop where. 271 

W. 
War, how proclaimed. 305 

Watchword, how given. 316 

Wealth, instances of, 416 

Weeks, division of time by, not used by 
the ancient Romans. 280 

Weights, English and Roman. 410 

Wife, properties of a good one. 435 

Winds. 246,455 

Wine, manner of making, 379; kinds of, 
380; used to be boiled that it might 
keep. 379 

Witnesses, form of making them, 193; dif- 
ferent kinds of, 223 ; how summoned. 
209, 223 
Women, excluded from inheritances, 190, 
their clothes, 346; (heir shoes, 353; 
head-dress, 354 ; paint, 356 ; industry, 
435 ; apartment among the Greeks, 439 
Wood, used for firing. 438 

Writing, materials for, 423, 425 ; manner 
of, 426 

Windows, how made. 441 

461 
Y. 

Year, how divided by Romulus, 278 ; by 
Julius Csesar, 279 ; by Pope Gregory, 
ib. by (he ^>gyp(ians. 280 

Young men, at what age they assumed the 
Toga Virilis, ^47 ; peculiarity in their 
manner of wearing it for the first year, 
348; when they began to shave, 361; 
consecrated the first growth of the beard, 
and also their haii', to some deity, ib. 



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